KHUSHI RAM Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner had joined as an Assistant Line-man with the respondent-Punjab State Electricity Board (hereinafter called the "Board") on 16.6.1958. Thereafter he was promoted as Lineman and then as a Junior Engineer. As per the averments made in the petition, the petitioner while posted at Shahpur Kandi proceeded on medical leave from 30.1.1990 to 17.2.1990. He again fell sick on 15.5.1990 and proceeded on leave for 4 days to take rest as per advice of a Doctor. A telegram for extension of leave was sent on 21.5.1990 followed by regular applications for that purpose. The petitioner was being asked by the authorities to join the duty or to send medical certificate in token of illness. A revised leave application was sent alongwith the medical certificate and the petitioner later on also applied for extension of leave on medical ground. As per the averments made in the written statement the leave was not sanctioned.

(2.) The petitioner opted to seek premature retirement and as per Regulations of the Board, to which reference will be made hereinafter, the petitioner sent 3 months' notice on 5.11.1990 requesting that he should be prematurely retired on the expiry of 3 months w.e.f. 5.2.1991 and further his pension, gratuity and other retiral benefits under the Regulations be released to him.

(3.) The primary relief claimed in the writ petition is that in fact the petitioner stood prematurely retired after 3 months of the service of the notice dated 5.11.1990 w.e.f. 5.2.1991 and the question of his being treated wilfully absent etc. would not arise.