Prem Lal vs State of H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayers: (i) That the respondents may be directed to produce the entire record pertaining to the service of the petitioner.

(ii) That the respondents may be directed to pay the consequential benefits i.e. gratuity, retirement pension which is due in favour of the petitioner.

(iii) That the respondents may be directed to pay the full back wages of his service tenure in favour of the petitioner.

In the reply filed on behalf of the respondents No.1 to 3 by the second respondent, it is stated in para 2 of the preliminary submissions, as follows:-

That the petitioner appointed as an untrained teacher in Education Department in year, 1952 (15.11.52 to 31.8.1973) and posted in various institution in District Chamba. Petitioner date of birth is 04-12-1933. Petitioner disputed for JBT training during 1954-55 on Govt. expenses and treated on duty from Govt. Primary School, Salooni, District Chamba, H.P. Petitioner declared unsuccessful in basic Training Examination held in June, 1955. The petitioner was transferred from Govt. Primary School Koh to Govt. Primary School, Jadera, but petitioner was not joined in Govt. Primary School Jadera. On this disobedience petitioner was placed under suspension. Petitioner remained under suspension w.e.f. July, 1971 to 31.8.1973. The petitioner remained under suspension w.e.f. July, 1971 to 31.8.1973 and thereafter suspension was revoked by the respondent No.3. The whole emoluments in suspension period have been paid to the petitioner and thereafter the petitioner was ordered to be posted in Govt. Primary School, Sunara, District Chamba, but the petitioner had not joined in Govt. Primary School, Sunara, District Chamba. It is further submitted that petitioner never represented any kind of leave, medical or any representation regarding illness. Petitioner remained absent from duty w.e.f. 1.9.73 to till date of retirement i.e. December, 1991.

It is further stated in the written reply that all the eligible benefits have been disbursed to the petitioner. There is no rejoinder. In case the petitioner has any dispute with regard to any specific benefit, he may point out the same before the third respondent within a period of two months, in which case the third respondent shall look into the same after conducting appropriate inquiry and after affording an opportunity of hearing to the petitioner or his representative and take appropriate action, in accordance with law, positively within a period of four months from the date of production of a copy of this judgment along with a copy of the writ petition by the petitioner. The eligible benefit(s), if any found due to the petitioner, shall be disbursed to him within another one month. The writ petition is disposed of, so also the pending application(s), if any.

Copy Dasti.