B B M B Vs. PARAS RAM

JUDGEMENT

(1.) .Respondent Paras Ram was appointed as a Beldar in the Beas Satluj Link Project Sundernagar on November 18, 1972. Consequent upon reduction in staff strength, he was discharged from service on January 28, 1978. He was re-appointed as Gardener on November 8, 1978. At the time of his initial appointment in the year 1972 respondent by way of an affidavit had given his date of birth as November 30, 1937. On the basis of some complaint received as to the date of birth of the respondent, disciplinary proceedings were initiated against the respondent. During such inquiry the respondent was found to have been born on July 1, 1921 and that a false affidavit was submitted by him as to his date of birth. The respondent was, therefore, retired from service with effect from June 30, 1981 on May 3, 1993. The respondent assailed the order of the petitioners retiring him from service by way of a civil suit, being Civil Suit No. 158of 1993. Such suit was dismissed by the learned Sub- Judge 1st Class (1) Mandi on May 1, 1996 vide judgment Annexure P-4.

(2.) . The respondent went up in appeal against the dismissal of his suit before the learned District Judge, Mandi. A compromise was arrived at between the parties before the learned District Judge on December 16, 1997. The appeal was, therefore, disposed of in terms of the compromise. The order passed on compromise (Annexure P-5) reads:

(3.) . In pursuance of the judgment passed by the learned District Judge on the basis of the compromise arrived at between the parties, following payments were made to the respondent by the petitioners: