KRISHAN KUMAR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order, dated 10th November, 1994 (Annexure P-10), by which it was held that the petitioner was not entitled to any service benefit for the period from 10th February, 1980 to 29th August, 1983. The petitioner has further prayed that the respondents be directed to consider the aforesaid period for the purpose of increment and pension.

(2.) Mr. Malik, learned counsel appearing on behalf of the petitioner, submitted that the petitioner had earlier filed Civil Writ Petition No. 5178 of 1989, and in response to the notice of motion issued in that case, the respondents had filed written statement, copy of which is Annexure P-l. In reply to Para 4, it was stated that "his case was examined and the petitioner was asked to give an undertaking that he would not claim any service benefit for the period he remained out of service but he did not come up with this undertaking uptil now. It is further submitted that the department is still prepared to give him benefit towards increment and pen;aon if he gives the desired undertaking but he cannot be made senior to regularly selected candidate along with him."

(3.) In view of the averments made in Para 4 of the writ petition, the said writ petition was disposed of by a Division bench of this Court vide order, dated 14th February, 1986 (Annexure P-2). The order reads as under:-