CHANDER PARKASH Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 08.06.1995 (Annexure P5), passed by respondent No.2, whereby the petitioner was denied pension on the ground that the service period was only 7 years, 9 months and 27 days and as per the rules, 10 years qualifying service was essential for grant of pension.

(2.) The case set up by the petitioner in the writ petition was that he was selected as a Driver and joined services on 05.05.1981, after undergoing 4 weeks training. During the course of his duty, he met with an accident on 28.08.1984 and was seriously injured and admitted to All India Medical Institute, Delhi for treatment, having suffered injuries on head and on half of his body. Due to his physical condition, he was assigned light duty on 26.12.1985 as Adda Incharge, Pataudi wherein he worked for 4 years to the satisfaction of the officers. He was sent for medical examination vide letter dated 17.10.1989 and was found unfit for driving bus as he was suffering from disability from left side known as Gemiplegia, as per the medical report dated 26.10.1989. Thereafter, he was given 3 months notice of retirement on 10.11.1989 and was retired vide order dated 08.02.1990 w.e.f. 10.02.1990 under Rule 5.18 of Punjab Civil Services Rules, Volume-II (hereinafter to be referred to as the 'Rules').

(3.) An appeal was filed before the Transport Commissioner for setting aside the order of retirement but no action was taken on the appeal, as per pleadings (however, counsel for the petitioner states that the said appeal was dismissed). Another representation was filed on 29.10.1991 for allowing him to serve on light duty which was filed on 04.07.1994 by the respondents. On 01.03.1995, the petitioner made a request that he was a poor man having 5 members to maintain and his condition was bad and therefore, he be sanctioned pension. The said request was declined vide the impugned order dated 08.06.1995. Resultantly, the present writ petition has been filed on the strength of Rule 5.11 of the Rules.