LONGU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has prayed a direction to Respondents to re -engage him as 'Beldar ' in H.P.P.W.D. Division, Toni Devi, till his actual age of retirement i.e. October, 2012 and give him all consequential benefits, the retirement order of the Petitioner may be quashed and set -aside. The prayer has also been made for regularization of the service of the Petitioner as 'Beldar ' on completion of 8 years continuous service. The pre -regularization period of the Petitioner may also be counted for purpose of pension.

(2.) THE further case of the Petitioner is that he was engaged as daily rated 'Beldar ' under the Respondents -department on 01.07.1993. He worked continuously and had completed more than 12 years with 240 days in each calendar year up to 30.08.2005. The Petitioner in July asked the Respondents to regularize his service on completion of more than 12 years of continuous service, but instead of regularizing service of the Petitioner, the Respondents wrongly retired the Petitioner on 30.08.2005.

(3.) THE petition has been contested by Respondents by filing reply in which it has been stated that Petitioner was engaged as daily waged 'Beldar ' on 01.07.1993 and he was retired on 30.08.2005 on attaining 60 years the age of superannuation. The Petitioner was asked to produce his date of birth certificate from birth and death register or a certificate issued by competent authority for determination of his age during his engagement as 'Beldar '. The Petitioner produced the certificate to the department issued by Chief Medical Officer, Hamirpur consisting of Board of Doctors. The age certificate shows that during the year 1995 on 30.08.1995, the Petitioner was of 50 years. Therefore, on 30.08.2005, the Petitioner had attained 60 years age of superannuation.