HIRA MANI Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner by means of this petition has sought the following reliefs: (a) That by way of writ of mandamus the office order dated 22 August, 2008 may kindly be set aside to the extent, depriving the petitioner of his service benefits. (b) That the writ of mandamus may kindly be passed directing the respondents to grant service pension to the petitioner pursuant to the order dated 2.9.2002 w.e.f 2.9.2002 with all arrears upto date and penal interest @ 12% P.A and further he may be held entitled to pension in accordance with law. -

(2.) The facts giving rise to present petition are that the petitioner was appointed on 24.2.1990 as Conductor in the respondent -Corporation on regular basis. It is alleged that he was charge sheeted for major penalty, he was held guilty and ultimately compulsory retired on 2.9.2002. His Departmental appeal was dismissed and second appeal was found not maintainable, thus rejected, consequently vide Annexure P -5 dated 18.3.2008 only terminal gratuity pension of Rs. 27,266/ - was sanctioned in his favour without any other retiral benefits and no pension was granted to him as he was not confirmed.

(3.) From the date of his appointment the petitioner remained in service for a period of about 12 years.