SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I have heard the learned Counsel for the parties at length and perused the record of the case.

(2.) THE Petitioner served in the Indian Army from 18th January, 1966 to October, 1980 when he retired from service. He was registered with the Employment Exchange, Ropar. Name of the Petitioner was sponsored by the Employment Exchange in the year 1982 for his appointment as Watchman in the Food and Civil Supplies Department, Punjab. He was appointed as Chowkidar in the Respondent -department in October, 1982. The Petitioner was allowed all service benefits during the period of his service. He was retired from service on 31st December, 2007 on attaining the age of superannuation. He has rendered about 25 years of service with, unblemished record. The Petitioner asked for the retiral benefits, but the same were not granted. He also served a legal notice. The claim of the Petitioner for retiral benefits has been rejected, - -vide Memo No. M -3 -08/1474, dated 27th June, 2008 (Annexure P -3) on the ground that the Petitioner's appointment was totally on temporary basis and he was not a regular employee of the department. The Petitioner has, accordingly, filed this petition challenging order Annexure P -3 and also prayed for a direction in the nature of mandamus to pay him the retiral benefits as a regular Government servant.

(3.) LEARNED Counsel for the Petitioner has also placed on record a copy of the order dated 18th July, 2005 passed by the Hon'ble Supreme Court of India whereby the SLP filed against the aforesaid judgment, has been dismissed.