KARTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for the adjudication of this petition are that the Petitioner was appointed as Trained Graduate Teacher on regular basis on 2.3.1967. He was promoted as Head Master in the month of 1994. Petitioner submitted an application/notice/request seeking pre-mature retirement on 2.6.1997. He withdrew the same on 28.8.1997. He was informed on 24.9.1997 that he will be allowed to seek premature retirement on 31.3.1998. Petitioner also submitted another application dated 16.10.1997 seeking withdrawal of earlier application. He was promoted on ad hoc basis as Principal on 28.5.1999. He joined his duties on 7.7.1999. He was permitted to perform his duties upto 31.10.1999.

(2.) Mr. Ajay Chandel has strenuously argued that his client has submitted application/request/notice seeking premature retirement on 2.6.1997. He has withdrawn the same before its acceptance on 28.8.1997. He then contended that his client was permitted to discharge his duties upto 31.10.1999. However, he has not been paid the retiral/pensionary benefits.

(3.) Mr. P. M. Negi has vehemently argued that in fact the application/notice of the Petitioner was accepted on 24.9.1997 and the retirement was to be effected with effect from 31.3.1998. He further contended that in these circumstances Petitioner could not continue beyond 31.3.1998. Petitioner was re-employed with effect from 1.4.1998 to 31.10.1999 and the salary etc. for this period was paid to him.