DAWARKA DEVIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, aged about 76, is the widow of one Khem Chand who died on July 3, 1981. Khem Chand was a subject of the former Princely State of Mandi. The said Princely State merged with the Union of India after independence and became a part of Himachal Pradesh on May 1, 1948. Khem Chand was appointed as Ahlmad in the Judicial Department of the ex-State of Mandi on 12th Bhadon 1983 BK (27-8-1926). Khem Chand was placed under suspension on 27th Chet 1994 BK(9-4-1937) for taking part in the Praja Mandal movement which was launched in the said native State. On 11th Baisakh 1994 BK (23-4-1937), Khem Chand was dismissed from service with effect from the date of his suspension. A copy of the service record of Khem Chand, which is on the record at Annexure-PB, evidences the facts set out above.

(2.) On 19th Jeth 97 BK (31-5-1940), Khem Chand was re-employed as Ahlmad by the ex-Princely State of Mandi. Be it stated, however, that the employment given accordingly was of a fresh and temporary nature and that the benefit of past service of about eleven years was not given to him. Khem Chand actually joined duty on 21st Jeth 1997 BK (2-6-1940). Even after his fresh employment as aforesaid, Khem Chand continued to take part in the Praja Mandal Movement, which, according to the petitioner, resulted in his being harassed by the police authorities. Under the circumstances, Khem Chand resigned from service after about six years on 16th Sawan 2003 BK (31-7-1946).

(3.) After the merger of the Princely State of Mandi in the Union of India, Khem Chand was again appointed by the District and Sessions Judge, Mandi and Chamba as Ahlmad in a temporary capacity without giving him the benefit of past services. His pay too was fixed at the minimum in the pay scale admissible to the post of Ahlmad. The fresh appointment accordingly was made on April 5, 1955 (Annexure-PC) with effect from April 6, 1956.