AMAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THOUGH the petition has been filed for grant of numerous reliefs, yet at the time of hearing it has been restricted only in respect of the following claims, vide para 7(i) to (iii) and (v), as the remaining reliefs have already been granted to him by the Respondents:

(2.) THE Respondents have taken the following stand vide paras 1 and 2 of preliminary submissions: 1. That the present petition is not maintainable as no legal or fundamental right of the applicant has ever been infringed in any manner. The applicant/Petitioner was regularized w.e.f. 1.1.96 and he joined duty on 28.3.98 as work charged beldar. He was entitled to get all benefits w.e.f. 1.1.96. He served in the Respondent department for 4 years and 9 months and served in the Respondent department for 4 years and 9 months and after reaching on the age of superannuation, he retired on 30.9.2000. All eligible beneficial claims of a retiree i.e. increments/arrear/GPF and leave encashment were paid to Petitioner vide voucher No. 225 dt. 31.3.99 and voucher No. 22, 23 & 24 dt. 20.4.2001 respectively by the Assistant Engineer, Sihunta Sub Division, HPPWD, Sihunta. 2. That as far as gratuity and pension benefits are concerned the Petitioner is not entitled for these benefits and he had served in the Respondent department less than 5 years. As per pension Rules when the service is below 5 years the temporary employees is not eligible for any grant of terminal gratuity. Hence the claim of the Petitioner is not maintainable;e in the eye of law, the petition may be dismissed on the score only.

(3.) THE learned Counsel for the Petitioner submits at the very outset that as he had completed 10 years of service as a daily rated beldar with 240 days of continuous service in each calendar year during the period 1986 to 1995, he was regularized w.e.f. 01.01.1996 and ultimately retired on 30.09.2000 on attaining the age of superannuation. Thus, the Petitioner had 10 years ' daily rated and 4 years and 9 months ' regular service to his credit.