JAGWANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as J.B.T. Teacher on 30.6.1958 and was promoted to the post of Social Study Master in the year 1968. While the petitioner was working as Social Study Master, he alongwith two other persons were tried for the offences under Sections 307/324 read with Section 34 of the Indian Penal Code and at the conclusion of the trial, the trial court convicted and sentenced the petitioner to undergo rigorous imprisonment for four years and a fine of Rs. 2,000/- vide its judgment dated 21.11.1978. Because of the said judgment of conviction and sentence, the petitioner was dismissed from service by respondent No. 2 with effect from 21.11.1978 vide order dated 7.8.1979. The order of dismissal is produced at annexure P.1. Aggrieved by the said judgment, the petitioner filed a criminal appeal challenging the same in this Court. The High Court vide judgment dated 12.2.1980 allowed the appeal and acquitted the petitioner. After the acquittal of the petitioner by this Court, the petitioner made a representation to reinstate him in service. Accordingly, the petitioner was reinstated vide order dated 4.5.1981/18.5.1981. Thereafter the petitioner retired from the service on 31.3.1992. After the retirement, the petitioner approached respondent No. 2 to prepare his papers for pension, gratuity and provident fund etc. The petitioner was told that he was entitled to pension only with effect from the date from which he was reinstated vide order dated 18.5.1981 and the service rendered prior to this, will not be calculated for this purpose and it was further informed to the petitioner that as in the order annexure P-2, the word 'reinstatement' was not mentioned, therefore the period of service rendered by the petitioner prior to the passing of order annexure P-2 cannot be taken into consideration. Annexure P-2 is the order by which the petitioner was taken back in service.

(2.) The petitioner filed a representation against the above action of respondent No. 2 alongwith a copy of the judgment of this Court. The petitioner heard nothing from the respondent and, therefore, he again sent a reminder but still he heard nothing about the same. Again he sent a reminder dated 7.7.1993 under registered cover reiterating his earlier stand. When no order was communicated to the petitioner regarding his pension, gratuity and provident fund etc., he personally met respondent No. 2 who clearly told the petitioner that he will not be given the benefit of service rendered by him prior to the passing of order annexure P-2. Therefore, the petitioner has filed this petition with a prayer that a writ in the nature of mandamus be issued directing the respondents to pay pension, gratuity and provident fund etc. after calculating the period when he joined service till retirement alongwith interest at the rate of 18% per annum.

(3.) Respondents No. 1 to 3 have filed their written statement through Shri Gursharanjit Singh Headmaster, Government High School, Sur Singh (Amritsar). It is contended that the petition is time barred as the order annexure P-2 was issued on 4.5.1981 and the petitioner has filed the present petition on 26.7.1994 i.e. after the lapse of more than 12 years; that the petition is bad for non-joinder of necessary parties such as DEO(S), Amritsar, Headmaster, Government High School, Narli and Accountant General, Punjab, Chandigarh. It is further stated that the entries of his reappointment were made by the Distt. Education Officer (s), Amritsar. Pension case was submitted by Government School, Narli's Headmaster and the sanction of pension of the retiree related to the Accountant General, Punjab, Chandigarh and the petitioner has not made them parties in the petition. It is also contended that annexure P-3 has been considered and appropriate orders have been issued.