RAVINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) AN Original Application No. 400 of 2004 was filed by the petitioner before the then State Administrative Tribunal and after its abolition, it was transferred to this Court and registered as CWP (T). Precisely, the case of the petitioner is that he was engaged on 9.6.1984 as Helper on daily wages in the office of Fisheries department at Dada Siba. Later his services were regularized and as per his option, he was appointed as Chowkidar in the pay -scale of Rs. 750 -1440 (revised Rs. 2620 -4140) on 13.3.1991 while he was posted as such at Dameta in the office of Fisheries Officer. He was also promoted as Field Assistant in the month of October, 1998. The petitioner alleged that since he failed to oblige respondent No. 3 to do non -official duties at his residence, therefore due to the circumstances created by him, he was forced to resign on 5.4.1999. When his resignation was under process, he was transferred to Pong Dam to the office of Fisheries Officer located at Sathana. He joined there in the month of August, 1999, but his woes did not end there and respondent No. 3 continued to harass him. Later he withdrew his resignation on 9.4.1999 at the behest of respondents No. 2 and 3, thinking that respondent No. 3 would allow the petitioner, to settle down and serve the department. Thus, he continued in service, but again respondent No. 3 insisted upon the petitioner to perform the duties at his residence to which he declined. Further even during the time when the construction work of Pong Fisheries Dam was being inspected on 29.11.2001 by higher authorities, the petitioner made certain allegations against respondent No. 3 to the Inspecting Officers, which caused bad -blood and it became difficult for him to continue in service, ultimately, he submitted his resignation (Annexure A -1) on 3.10.2003. There was no intimation with respect to acceptance of the resignation, as such the petitioner vide Annexure A -1 dated 3.10.2003 withdrew his resignation and made request for 'voluntary retirement ' vide Annexure A -2 dated 6.11.2003, and vide office order dated 2.12.2003 (Annexure A -4), the request of the petitioner was acceded to. He was ordered to be retired voluntarily w.e.f. 29th February, 2004 (F.N.), Pension papers were directed to be submitted to respondent No. 3. When the petitioner was likely to comply with the aforesaid orders, a corrigendum (Annexure A -7) was issued on 21.7.2004 that voluntary retirement be read as resignation. It reads as under: - - OFFICE OF THE ASSISTANT DIRECTOR OF FISHERIES POND DAM DIVISION, PONG DAM, DISTRICT KANGRA, H.P. 'Corrigendum ' In partial modification of this office order No. 122/2003 dated 2.12.2003, pertaining to the retirement of Shri Ravinder Singh, Fisheries Field Assistant, Sathana the word 'voluntary retirement; may be read as 'resignation ' since the official has neither completed twenty years of qualifying service nor has crossed the age of fifty years, hence under rule 48 -A of C.C. S. (Pension) Rules, 1972, the official is not entitled for voluntary retirement as well as other pensionary benefits. Assistant Director of Fisheries Pong Dam Reservoir Division Pong Dam District Kangra, H.P. Endst.No. FSH/Pong/1 -132/95(E)2803 -07 dated 21.7.2004 Copy forwarded to: - 1. Office order file. 2. Director -cum -Warden of Fisheries, H.P. Bilaspur. 3. Deputy Accountant General (A&E) H.P. Shimla. 4. Sh. Ravinder Singh S/o Sh. Balwant Singh, V & P.O. Rail, Teh. Jaswan Kotla, Distt. Kangra, H.P. 5. Fisheries Officer, Sathana, Distt. Kangra, H.P. Sd/ - Assistant Director of Fisheries Pong Dam Reservoir Division Pong Dam District Kangra, H.P."

(2.) THE aforesaid corrigendum has been challenged by the petitioner in the present petition and the relief has been sought to release his pension.

(3.) RESPONDENT No. 4 -Accountant General, Himachal Pradesh though filed the reply to the petitioner, but Shri Sandeep Sharma, Assistant Solicitor General of India submitted that the case of the petitioner for pension was not forwarded to them and in case the pension case is received, it shall be dealt with on priority.