SUSHMA SOOD Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner was appointed as Lower Division Clerk in the respondent-Board in the month of Aug., 1970. She was confirmed on 28.5.1985. One Sh. Hem Raj was promoted to the post of Upper Division Clerk with effect from 14.8.1985. Petitioner filed original application No. 1011/1994 seeking promotion at par with Mr. Hem Raj. The same was disposed of vide order dated 9.8.1994 with a direction to treat the same as representation by the Secretary of respondent- Board. However, as per pleadings, no decision was taken. In the meantime, respondent-Board decided to give relaxation to the petitioner in educational qualification on 19.5.1995, which led to her promotion on 19.2.1996. She preferred another original application No.305/1998 seeking promotion with effect from 14.8.1995. The same was dismissed in default on 25.8.2010. Petitioner has sought volunteer retirement with effect from 31.1.2003. Respondent-Board has decided to withhold a sum of Rs. 75,000.00 from the gratuity of the petitioner, as per Annexure A-1 dated 29.8.2003.

(2.) Mr. Umesh Kanwar has strenuously argued that his client has neither misread nor misrepresented the facts at the time when she was given relaxation, which led to her promotion, as Upper Division Clerk on 19.2.1996. He has further contended that his client has retired on 31.1.2003 and the respondent-Board has decided to withhold the amount only on the basis of Annexure A-1 dated 29.8.2003.

(3.) Mr. Trilok Jamwal has supported the issuance of Annexure A-1. According to him, no final decision could be taken earlier due to pendency of O.A. No. 305/1998 whereby the petitioner had sought promotion with effect from 14.8.1995.