HARNAM SINGH Vs. H P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The grievance of the petitioner in the present petition is against the respondent for withholding an amount of Rs.10,000/- out of the gratuity of the petitioner on account of alleged breach of condition of the bond. The petitioner has prayed a direction to release the amount of Rs.10,000/-. It has also been prayed that respondent may be directed to release the salary of the petitioner for the month of November 1988, a prayer for payment of interest has also been made.

(2.) The further case of the petitioner is that on the basis of interview the petitioner was selected for the post of Assistant Engineer and vide letter dated 22.11.1985, he was offered the appointment by the respondent. As per condition No. 15 of the appointment letter, the petitioner was required to execute the bond to serve the respondent for a period of five years. The petitioner had joined his duties on 13.1.1986. The petitioner vide letter dated 12.8.1986 had submitted the surety bond to the Secretary of the Board.

(3.) The petitioner was selected in the Engineering Service Examination of Union Public Service Commission and his name was recommended for appointment to the Central Engineering Group-A. The petitioner tendered his resignation on 6.9.1988. The resignation of the petitioner was accepted vide office order endorsed to the petitioner vide endorsement dated 28.11.1988. It was mentioned in the office order Annexure A-6 dated 28.11.1988 that GPF amount lying with the Board against account No. HPSEB-18590 shall be withheld in lieu of bond executed by the officer to serve HPSEB till further orders. The petitioner vide letter dated 16.12.1988 Annexure A-7 requested for release of salary for the month of November 1988. The petitioner vide letter dated 22.3.1989 Annexure A-9 again requested the Board for releasing his salary for the month of November 1988. The Secretary vide letter dated 10.5.1989 Annexure A-10 had informed the petitioner that he should deposit the amount of bond with the Chief Accounts Officer of the Board to enable the Board to release his pending dues lying with the Board.