DEEPAK THUKRAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) On 28.05.1973, the petitioner was appointed as Accounts clerk cum typist w.e.f. 29.05.1973 on ad-hoc basis for the period of six months in the Regional office of Indian Drugs & Pharmaceuticals Ltd. ( A Govt. of India Enterprises). The period of appointment was extended from time to time. On 29.05.1975, the petitioner was not given extension but he was reappointed for a further period of six months in the Regional office. However, on 15.07.1975, he was appointed as Accounts clerk cum typist on regular basis.

(2.) It comes out that a V.R.S Scheme was floated in the year 1992 for voluntary retirement and another similar scheme was floated in the year 2002. The petitioner exercised the option for voluntary retirement under the said Scheme of 2002 and accordingly he was relieved on 30.09.2004. The claim of the petitioner is that the service from 28.05.1973 till his regular appointment is not being counted on the ground that there was one day break in his service on 29.05.1975 and the retiral benefits are accordingly calculated w.e.f. 15.07.1975 instead of 28.05.1973.

(3.) In the written statement, the respondents have taken the stand that under the voluntary retiral Scheme of 20.09.2002, only continuous service was to be counted for the purpose of grant of retiral dues. Reliance has also been placed on Clause 15 of the Scheme, which requires that the service must be permanent, without any break. It has been contended that there was break in service between 28.05.1975 and 30.05.1975, as such service prior to the break cannot be counted for the purpose of retiral dues.