SUBE SINGH Vs. DHBVN AND OTHERS

JUDGEMENT

(1.) By virtue of instant civil writ petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of Mandamus directing the respondents to first regularize his services as per his entitlement w.e.f. October 01, 2003 under the policy of department remained in force and then grant him pensionary benefits as he had put in more than 15 years of services as ALM on adhoc basis, with all consequential benefits along with 18% interest from the date of accrual till final payment.

(2.) Petitioner joined the respondent - department as ALM on adhoc basis on April 11, 1973 being selected by the competent authority after considering the claims of all candidates. He worked as such upto December 09, 1977 in the office of Xen Operation Division, HSEB, Hansi. Due to some mental disease, petitioner could not attend his duty for a long time. Petitioner was allowed to join duty w.e.f. March 12, 1997 vide order dated March 10, 1997. He was charge sheeted for aforesaid absence from duty vide memo No.16317 dated November 21, 2002. After enquiry, absence period of petitioner was treated as break in service vide order dated July 31, 2008. Petitioner was superannuated on May 31, 2007. Petitioner was not granted pension on the ground that a departmental enquiry was pending against him as well as he was not a regular employee. Departmental enquiry was decided on July 31, 2008. Petitioner served a legal notice dated October 30, 2008 for grant of pensionary benefits but no action was taken thereupon. Petitioner filed CWP No.16593 of 2009 seeking aforesaid relief but that was dismissed as withdrawn vide order dated January 06, 2011 with liberty to file a fresh one on the same cause of action.

(3.) In case Union of India and others v. C.K. Dharagupta and others, 1992(2) SCT 117 (SC) : (1997) 3 SCC 395, it was observed as under:-