S E OPERATION CIRCLE HSEB Vs. CHARAN DASS

JUDGEMENT

(1.) This regular second appeal has been filed by the defendant against whom a suit for declaration filed by the respondent-plaintiff to the effect that he was entitled for the benefit of his past service rendered from 1.10.1951 to 19.6.1959 towards the pensionary benefits, has been decreed by both the courts.

(2.) Briefly, the facts are that the respondent joined as LDC in the erstwhile Faridabad Development Board on 1.10.1951. He worked as such upto 19.6.1959 when the Board was wound up and merged with State Electricity Board under the orders of the Govt. of India. The respondentplaintiff was accordingly absorbed in the Punjab State Electricity Board and upon reorganization of the States of Punjab and Haryana, he came to be allocated to the Haryana State Electricity Board. The plaintiff retired from service on attaining the age of superannuation on 31.3.1987.

(3.) On August 22, 1988, the State of Haryana issued a circular in terms whereof the benefit of past service rendered in a government department/agency/board could be computed towards retiral benefits in another government department/agency, etc., subject to fulfilment of certain conditions. This circular was adopted by Haryana State Electricity Board on 11.9.1991. It is significant to note here that the benefit under the circular was expressly made admissible to all those employees "who were in service on 7.2.1986, irrespective of the date of their absorption". Undoubtedly, the respondent-plaintiff was in service as on 7.2.1987. He accordingly claimed benefit of service rendered by him in Faridabad Development Board towards his retiral benefits. It was, however, denied to him on the ground that in terms of the government circular, as adopted by the HSEB, the respondent-plaintiff was required to exercise his option within one year and also to deposit the monetary benefits which he had received from the Faridabad Development Board and since both the conditions were not fulfilled by him, he could not avail the benefit of the circular in question.