BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner was initially appointed as Tracer on April. 27, 1971 and continued on the said post on ad-hoc basis upto January 28, 1972. Thereafter he was recruited through Employment Exchange. He filed Civil Writ Petition No. 7495 of 1975 for regularisation of service on the basis that he had already worked for a year and the Government instructions entitle him for being regularised. However, during the pendency of the writ petition, his services were terminated vide order dated 27.12.1975. It is an admitted position that when the matter came up before this court for hearing, the same was allowed. Special Leave Petition preferred against the judgment of this Court was also dismissed. The only claim of the petitioner is that he is entitled to arrears of pay that were admissible to him on the post of Tracer w.e.f. 27.12. 1975 to 15.12.1977, the period during which he was retrenched from the service.

(2.) In paragraph 10 of the written statement filed on behalf of the respondents, it is pleased that the petitioner has been paid for the entire period except for 3 months 4 days, i.e. from 28.12.75 to 31.3.76, during which period he remained out of employment as also for three days (from 1st October to 3rd October, 1976) as also for 4.4.1977 and from 3.8.1977 to 15.12.1977 during which period too as well he remained out of employment. It is pleaded on the basis of the averments aforesaid that the petitioner is not entitled to be paid salary for the aforesaid period.

(3.) In context of the judgement that came to be delivered in favour of the petitioner in earlier case, i.e. C.W.P. No.7495 of 1975, the stand of the respondents is wholly untenable. The petitioner remained out of employment on account of order of dismissal, which was ultimately set aside and the writ petition was allowed with costs, therefore, the petitioner shall be entitled to all the consequential benefits, inclusive, of pay. A direction is thus issued to the respondents to pay to the petitioner the arrears of salary that are admissible under the rules. That being so, the order (Annexure.P-5) which entitles the petitioner only to treat the period during which he was unemployed as leave of the kind due, is set aside. Let the arrears be paid within three months from today. There shall, however, be no order as to costs.