TIRLOK GUPTA Vs. ENGINEER

JUDGEMENT

(1.) The petitioner, who was initially appointed as a Junior Engineer in the Public Works Department (B&R) Branch), Haryana on March 2, 1982, was selected for appointment as a Small industries Promotion Officer in the Ministry of Industries, Government of India. In anticipation of his selection, he tendered his resignation on March 26, 1987. The petitioner's request was not accepted on the ground that he was bound to serve the Public Works Department for a period of five years after he had undergone a Three Year Degree Course from August 25, 1983 till 1986 at the Regional Engineering College, Kurukshetra. While he was in the service of the State of Haryana. Aggrieved by this action, the petitioner approached this Court with a prayer for the issue of an appropriate writ, order or direction to the respondents to "convey the formal release order of the petitioner" and for the fixation of his pay etc. after the grant of increments for the period during which he was studying at Kurukshetra.

(2.) Vide order dated April 20, 1988, the Motion Bench (M.M. 'Punchhi and M.R. Agnihotri, JJ), directed the respondents to give "to the petitioner a provisional "Release Certificate" valid upto the decision of the writ petition, forthwith". The Release Certificate was accordingly given and the petitioner is now working as a Small Industries Promotion Officer with the Central Government The only grievance made by the learned counsel for the petitioner is that till today the respondents have not released the service book and the Last Pay Certificate of the petitioner as a result of which his pay etc has not been correctly fixed by the Central Government.

(3.) Mr. Jaswant Singh, appearing for the respondents, on instructions from Mr. Krishan Giri, Assistant in the office of Engineer-in-Chief, Haryana P.W.D. (B&R) states that since the petitioner is not pressing for the release of the increments etc., the respondents would forward his service book along with the Last Pay Certificate in the scale of pay as revised with effect from January 1, 1986 within two months from today. In view of this undertaking of the learned counsel for the respondents, Mr. Jagia does not press for the other relief, as claimed in this petition.