J.R. ABROL, 155, AGGAR NAGAR, LUDHIANA Vs. HARYANA STATE ELECTRICITY BOARD, PANCHKULA, THROUGH ITS CHAIRMAN, AND ANOTHER

JUDGEMENT

(1.) THE petitioner seeks for a weightage of an additional period of 5 years for computing his total number of years of service in terms of a voluntary retirement scheme floated by the respondents. According to him, he had opted for voluntary retirement which was accorded to him on 21.08.1983 after completing 25 years and 8 months of service. His plea was that he was entitled to an additional period of 5 years for the purpose of pension and gratuity, but this was not given on wrong reading of the relevant provisions. It would, therefore, become necessary to reproduce the scheme announced by the respondents and which was claimed by the petitioner as applicable to him.

(2.) THIS makes it clear that in no case a person could seek for a computation which would exceed 30 years. The further limitation as prescribed above is that the weightage would not be higher than the number of years of service left if he had not opted for a voluntary retirement and when he would have otherwise been superannuated. In this case, the contention is, he had another 11 years of service left and, therefore, he was entitled to be given the weightage to 4 years and 4 months to enable to him the maximum years of service. Any other manner of reading of the provision which is extracted above shall be impermissible. The denial of such a right as claimed by him was unjustified. The writ petition is allowed and the petitioner shall be entitled to the weightage of service in the manner referred to above and the terminal benefits shall be calculated on such a reckoning and released to the petitioner with interest at 6% from the date when it fell due within a period of 8 weeks from the date of receipt of copy of this order.