JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the parties have been heard at length and the pleadings on record have been perused.

(2.) Brief facts of the case are that the petitioner had joined the Haryana State Transport Department on the post of Driver on a regular basis w.e.f. 21.12.1990. The date of birth of the petitioner is 1.1.1947 and in the normal course, the petitioner was to retire on 31.12.2004 upon attaining the age of superannuation. However, vide order dated 6.5.2003 passed by the General Manager, Haryana Roadways, Rohtak, the petitioner was compulsorily retired with immediate effect. The basis for passing such an order was that the bus driven by the petitioner was involved in an accident in which a boy died even though in the departmental enquiry, the petitioner had been exonerated. Even though the date of joining of service of the petitioner was 21.12.1990 and the date of compulsory retirement was 6.5.2003, but some period had been treated without duty and, accordingly, the petitioner did not fulfil the requirement of possessing 10 years qualifying service for the grant of pensionary benefits.

(3.) The petitioner availed of his remedy in terms of filing a statutory appeal and the same was decided vide order dated 7.8.2006 passed by the Additional Transport Commissioner, Haryana, Annexure P1, whereby the order of compulsory retirement dated 6.5.2003 passed by the General Manager was modified and the petitioner was ordered to be retired from service with effect from the due date i.e. 31.12.2004.