RATTAN SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Plaintiff-Rattan Singh (appellant) was employed as volunteer of Home Guard and given No. 3204 in the year 1993. Case of plaintiff, in brief, is that due to illness of his wife, he applied for leave from 05.06.1996 to 10.07.1996. However, due to deterioration of health of his wife he sought further extension from 11.07.1996 to 18.07.1996 and then upto 25.07.1996. On expiry of his leave he reported for duty but Contingent Incharge did not allow him to join duty. Thereafter, he submitted various representations to the defendants (respondents) and served legal notice and also filed writ petition in this Court which was disposed of with direction to defendants to treat legal notice of plaintiff as his representation and to pass a speaking order. Thereafter, plaintiff kept on visiting the defendants but no speaking order was passed. The defendants passed order dated 06.07.1998, which was never conveyed to plaintiff and this order came to his knowledge after 31.01.2001. Order dated 06.07.1998 was illegal and non-speaking order. Plaintiff sought his reinstatement in service by setting aside order dated 06.07.1998

(2.) In later part of the judgment, parties will be referred as 'plaintiff' and 'defendants' as per civil suit.

(3.) The defendants contested claim of plaintiff inter alia pleading that he was appointed as part time volunteer and was not a regular employee, as such, no cause of action accrued to plaintiff to file suit. All the other averments of plaintiff regarding getting his leave sanctioned in the year 1996 were denied and it was averred that he had remained absent from duty. As per order passed in the writ petition filed by plaintiff, a speaking order dated 06.07.1998 was passed.