KARTAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Twenty-three years, eight months and six days ago, the petitioner who was then working as Sectional Officer in Rori Division, Sirsa, was transferred to Augmentation Division at Karnal in the Irrigation Department of the Government of Haryana. The petitioner joined at Karnal on 17.4.1972. His service book and other records were not sent from Rori Division, Sirsa to Augmentation Division, Karnal, which resulted in non- addition of the annual increments in the pay scale of the petitioner from the year 1972 and onward. The petitioner made representation Annexure P-2 some time in April, 1973 to the Executive Engineer, Sirsa Division, Sirsa to send his personal register and service book. This representation of the petitioner was forwarded to the Superintending Engineer, Hissar Bhakra Canal Circle, Hisar for necessary action. The petitioner repeated his request vide Annexure P-3 dated 21.6.1973. After a period of about three years, the Executive Engineer, Sirsa wrote to the Executive Engineer, Loharu Canal Division No. II, Charkhi Dadri that service book of the petitioner has not been traced out and the same seems to have been misplaced in the Accounts Branch of the Division. He, therefore, asked the Executive Engineer to direct the Sectional Officer (Petitioner) to submit an affidavit showing the places where he worked and suspension/punishment, if any, awarded so that action may be taken to prepare a duplicate service book. This did not result in favourable action despite a further representation made by the petitioner on 19.5.1987 in which he gave details of the period of his work between 8.6.1967 to date. He again made a similar representation on 1.6.1990 and had also submitted affidavit Annexure P-7 indicating the period of his working. This affidavit was filed by the petitioner on 24.12.1992. Despite this, no action was taken by the respondents to trace out the service book of the petitioner or reconstitute the same resulting in denial of grade increments to the petitioner since the year 1972 and further denial of the pay fixation etc. He has, therefore, sought a writ of mandamus to direct the respondents to reconstruct his service book and pay all consequential reliefs and arrears of pay w.e.f. 17.4.1972 along with interest at the rate of 18% per annum and also to give him promotion from December, 1979 on the post of Sub Divisional Officer when his junior Zile Singh was promoted.

(2.) In their reply, the respondents have admitted the statement made by the petitioner that his service book was misplaced and the same is not traceable. They have stated that the service book of the petitioner requires some more record to be consulted from the State of Punjab where the petitioner had worked before re-organisation of the State and as record of the State of Punjab is not made available, the respondents are not in a position to reconstruct the service book.

(3.) I have heard learned counsel for the parties and have perused the record of the case.