SUKHVINDER JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, who was serving as a Senior Assistant in the office of Sub -Divisional Magistrate, Rajpura, has filed the present writ petition impugning the order dated 13.12.2013 (Annexure P -4), directing retirement of the petitioner with effect from 31.12.2013 and the order dated 30.12.2013 (Annexure P -7), vide which the request of the petitioner for extension of service by one year was rejected.

(2.) LEARNED counsel for the petitioner submitted that the petitioner, who is physically disabled, was appointed as a Clerk in the office of Deputy Commissioner, Patiala, and joined his service as such on 21.1.1976. He was promoted as Senior Assistant on 31.8.2009 and was working in the office of SDM, Rajpura. He has unblemished record. As the petitioner was due to retire on 31.12.2012, after completing 58 years of service, he applied for extension of service for one year in terms of instructions issued by the Government on 8.10.2012, subject to the rights of the petitioner in CWP No. 24775 of 2012 filed by him seeking benefit of 60 years as the retirement age being physically disabled. The petitioner vide order dated 31.12.2012 was granted extension of service for one year by the Deputy Commissioner, Patiala.

(3.) THE Government vide circular dated 20.9.2013 allowed extension of one year service to the employees who were retiring on or after 31.10.2013. The petitioner opted for the same and filed application on 29.11.2013 which was forwarded by the Sub Divisional Magistrate, Rajpura, to the Deputy Commissioner, Patiala, on 2.12.2013. The same was received in the office of Deputy Commissioner, Patiala, vide receipt no. 10619 dated 4.12.2013. Still the Deputy Commissioner without considering the option exercised by the petitioner seeking extension of one year in service, vide order dated 13.12.2013, directed that the petitioner will retire from service on 31.12.2013. Immediately, thereafter the petitioner made another representation dated 16.12.2013 which was forwarded by the Sub - Divisional Magistrate, Rajpura, to the Deputy Commissioner, Patiala, through Fax on the same day, which was followed by another representation on 26.12.2013.