DHARAM SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was appointed as a Clerk in the Revenue Department by Deputy Commissioner, Udhampur, on 6 -8 -1965. He was promoted to the post of Stenogrpaher after some time and then posted with Deputy Commissioner, Poonch. He served in the Revenue Department upto the year, 1970 when his services were transferred to Irrigation and Flood Control Department on 17th of November, 1970. From 1970 to 1975, the petitioner served in the Irrigation and Flood Control department, Jammu and remained attached with Superintending Engineer PWD Udhampur subsequently upto August 1978. In August, 1978 petitioner was deputed to Salal Hydroelectric Project, Jyotipuram (Reasi) which is a Central Government Undertaking Project. The petitioner served in the said Project upto January, 1982. The petitioner was then recalled back in the Irrigation and Flood Control department. Again by an order No.PW -118 of 1984 dated 14.2.1984 the services of the petitioner alongwith various other employees were transferred on deputation basis for a period of two years to Dul hasti Hydroelectric Project, where he continued on deputation upto 30.11.1991. On 11.6.1991, the National Hydroelectric Project invited applications from eligible candidates for the post of Private Secretary in the National Hydroelectric Power Corporation Ltd. (NHPC). Petitioner being eligible applied for the said post. Selection was made and a letter was addressed to the petitioner by Executive Director Regional NHPC, Jammu informing him that he had been selected against the said post. Since, the NHPC was interested in employing the services of the petitioner on permanent basis, he was required to get himself relieved from the parent department, therefore, he submitted his resignation on 24.2.1992. Annexure "P/6"to the writ petition is the letter of resignation submitted by the petitioner. It reads, as under: "The Commissioner -cum -Secretary, Public Works Department, J&K Government, Civil Sectt., Jammu(J&K). Sir, Consequent upon my absorption in NHPC with effect from 1st. December, 1991.1 hereby submit my technical resignation from the post of PA{Sr. Scale Stenographer) from J&K Irrigation and PC Department, Jammu with effect from 30th November, 1991. Thanking You Sir,

(2.) THE Government passed an order on 9 -7 -1992 which reads, as under: "Consequent upon his permanent absorption in Power Transmission Corporation Limited the resignation tendered by Shri Dharam Singh Sr. Scale Stenographer from the Irrigation & Flood "Control Department, Jammu is accepted w.e.f. 1.12.1991 (AN). By order of the Government of J&K."

(3.) THE case of the petitioner now before this Court is that the resignation which he had submitted for getting himself permanently absorbed in NHPC was infact a letter of voluntary retirement from service. He had a qualifying service of more than 20 years to his credit at the time he tendered his resignation, and therefore, the petitioner was entitled to all the pensionary benefits from the parent department Petitioner submits that he made various representations on