PRATAP SINGH, S/O SH. BANSI RAM R/O VILL. & P.O. BAIJNATH, TEH. BAIJNATH, DISTT. MANDI, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (REVENUE) TO THE GOVT. OF HP SHIMLA,

JUDGEMENT

(1.) CMP (M) No. 15/2012

(2.) THE writ petitioner has come up in appeal. He has completed service of only of 9 years and 8 months and, therefore, he has been denied pension. It is pointed out that he was appointed in Lahaul & Spiti. The advice for appointment was issued on 24.2.1997. However, in view of the winter and heavy snow fall and certain other things the actual order of appointment was issued by the Deputy Commissioner, Lahaul & Spiti only after the winter on 25.5.1997. Being an act of God, the appellant petitioner submits that he cannot be put to any prejudice on this count. We find force in the submission made by the appellant since it is discernible from facts that no appointment is made in Lahaul & Spiti during winter when the roads are closed. The appointment comes only after winter vacation, that is precisely the reason the Deputy Commissioner did not issue the appointment order during winter. Therefore, it is a case where the 1st respondent should consider the case and pass an equitable order giving a notional date of appointment to the petitioner prior to May 2007 for the purpose of completion of 10 years qualifying service for pension, as if it was a compulsory waiting period. The petitioner -appellant may file an appropriate representation in light of the observations contained herein before the 1st respondent and the 1st respondent shall pass an appropriate order in light of the observations contained hereinabove within another three months.