Research › Search › Judgment

Punjab High Court · body

2007 DIGILAW 2149 (PNJ)

Gurdip Singh v. Punjab State Electricity Board

2007-12-10

ADARSH KUMAR GOEL, KANWALJIT SINGH AHLUWALIA

body2007
Judgment 1. This petition seeks quashing of letter dated 19.1.2007, Annexure P.6, rejecting the claim of the petitioner for retiral benefits on the ground that the qualifying service of 20 years had not been completed by the petitioner. 2. Case of the petitioner is that he joined the Electricity Department on ad hoc basis on 7.10.1976, which was followed by regular appointment w.e.f. 15.10.1980. The petitioner took voluntary retirement on 16.1.2001, when he had already rendered 24 years, three months and 11 days service including ad hoc period. The petitioner was not given retiral benefits on the ground that he had not completed 50 years of age and had not completed 20 years of regular service. The petitioner represented on the ground that he had already been allowed voluntary retirement and thereafter, this objection could not be taken. This Court vide order dated 30.11.2006, Annexure P.4 directed that legal notice of the petitioner be decided. On 19.1.2007, the claim of the petitioner has been rejected vide order Annexure P.6. 3. In the reply, stand taken is that ad hoc service could not be counted for voluntary retirement and that the petitioner has not remained the age of 50 years and could not have been given voluntary retirement. 4. We find that as per memo dated 23.1.2001, Annexure P.5 ad hoc service of an employee can be counted towards retiral benefits if the same is followed by regular service. It is not disputed that the petitioner rendered regular service for more than 19 years and thus, preceding ad hoc service could not have been ignored. It is not disputed that the petitioner has been allowed to voluntarily retire without any objection and thus, no question could be raised about validity of his having retired voluntarily on the ground that he had not attained the age of 50 years. 5. In view of above, the impugned order dated 19.1.2007, Annexure P.6 cannot be sustained. 6. Accordingly, we allow this petition and direct respondent No. l to take afresh decision in the matter in accordance with law, within one month from the date of receipt of copy of this order. Petition allowed.