OM KUMAR JAIDKA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is now being pursued by the widow and children of one Shri H.R. Jaidka, who has died during the pendency of this petition. Shri H.R. Jaidka was appointed as Junior Engineer in the respondent-department. He was promoted as Assistant Engineer (Civil) and was posted at Dharamshala. Disciplinary proceedings were initiated against him under Rule 14 of CCS (CCA) Rules, 1965. The enquiry officer was appointed. The enquiry officer furnished the report to the disciplinary authority on 04.08.1984. Shri H.R. Jaidka (deceased) was served with a show cause notice on 25.05.1984, to which he filed reply on 11.06.1984. The Himachal Pradesh Public Service Commission was also consulted. Thereafter, vide Annexure A-2, dated 20th August, 1985, Shri H.R. Jaidka (deceased) was dismissed from service.

(2.) Mr. Pawan Gautam, learned Counsel for the petitioners has strenuously argued that his client has been permitted to superannuate on 31st August, 1985. In other words, his submission is that jural relationship with the respondent-department has come to an end on 31st August, 1985 and he was served with orders of dismissal only on 16th September, 1985.

(3.) Mr. P.M. Negi, learned Deputy Advocate General has strenuously argued that the petitioner was dismissed from service on 20th August, 1985 and he is not entitled to retiral/pensionary benefits.