HIMAL CHAND Vs. H.P.S.E.B.

JUDGEMENT

(1.) THE petitioner has prayed for a direction to respondents to count his service from 5.5.1964 to 10.5.1972 for the purpose of retiral benefits, the fictional break of 16 days w.e.f. 25.4.1972 to 10.5.1972 may be directed to be regularized as leave of the kind due so as to condone the break in service of the petitioner along with consequential relief of a direction to the respondents to pay the arrears accruing therefrom with interest at the rate of 12% per annum in two months.

(2.) THE facts, in brief, are that the petitioner was appointed as T -Mate on 5.5.1964 which post he held upto 30.4.1965. On 1.5.1965 the petitioner was promoted as Pump Operator and remained as such upto 24.4.1972 where after he was retrenched by the Resident Engineer Construction Division, HPSEB (Board), Joginder Nagar vide memo dated 21.4.1972 after giving 24 hours notice which expired on 24.4.1972. The petitioner was paid Rs.999.75 as retrenchment compensation but no admissible gratuity under the rules.

(3.) THE petitioner after his re -employment was directed to refund retrenchment compensation Rs. 999.75 so as to take his past service from 5.5.1964 to 11.5.1972 into account for all intents and purposes. The petitioner deposited Rs. 999.75 on 14.3.1974 and an entry to this effect was made in his service book , a copy Annexure ˜B. The petitioner has retired on 31.8.1996 but the service rendered by him from 5.5.1964 to 24.4.1972 has not been taken into account for pension and other retiral benefits, which fact petitioner came to know recently when he happened to check his service book. The petitioner has assailed the act of respondents for not counting his service from 1.5.1965 to 24.4.1972 illegal, arbitrary and unconstitutional. The petitioner has ultimately submitted that the period of 16 days from 25.4.1972 to 10.5.1972 is required to be regularized.