SURINDER MOHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner has impugned the order dated 28.02.2012 passed by respondent no.2 (Engineer-in-Chief) denying the petitioner salary/wages for the period 09.09.2002 to 23.06.2005, i.e. the period that the petitioner remained out of service after his dismissal/removal from service, vide an order dated 09.09.2002 passed by respondent no.2.

(2.) The background facts are that the petitioner was working as a Draftsman in the respondent-Department of the Government of Haryana after initially having been appointed as a Tracer, on 17.11.1972.

(3.) Thereafter, vide order dated 14.03.2007, the 2nd respondent while agreeing with the report of the Enquiry Officer, that the charges against the petitioner stood established, inflicted a punishment of stoppage of four increments with cumulative effect and directed that the period of absence from 28.10.1991 to 30.03.1993 be treated as non-qualifying service. The petitioner, in the meanwhile, had sought voluntary retirement on 05.08.2005, which was eventually accepted vide order dated 20.11.2009, w.e.f. 04.04.2007. When he was not paid his retirement benefits thereafter, he filed CWP No.799 of 2012, also praying therein, for release of his salary between 09.09.2002 and 24.06.05, which was disposed of by a coordinate Bench, vide order dated 13.01.2012, directing that the representation already made by the petitioner be decided in the light of the judgment of a Full Bench of this Court, in Radha Ram Vs. Municipal Committee, Barnala, 1983 85 PunLR 21.