- (1.) Petitioner was initially engaged as a Driver in Pepsu Road Transport Corporation, at Barnala on August 20, 1979 on adhoc basis. His services came to be regularised w.e.f. November 09, 1979. In the year 1983, petitioner proceeded on leave w.e.f. July 13, 1983 to July 31, 1983. He did not join after the period of leave and was treated as absent from duty. Consequently, his services were terminated vide order November 25, 1983. This order of termination became subject matter of challenge in a Civil Suit No. 45 of 1988. The suit filed by the petitioner was decreed vide judgment and decree dated October 21, 1995, whereby following relief was granted :- "As a result of my findings on the above issues, suit of the plaintiff is decreed. Termination order of the plaintiff passed on 25.11.1983 and order passed by the Appellate Authority dated 25.7.1986 are held to be not in accordance with law. Therefore, these are set aside and quashed. It is further held that plaintiff shall not be entitled to back wages. His absence period shall be treated as leave of the kind due. Parties are left to bear their own costs. Decree sheet be prepared and file be consigned to the record room".
(2.) Since no appeal was preferred against the judgment aforesaid, decree has attained finality. In implementation of the judgment and decree, the respondents passed order dated December 19, 1995 allowing the petitioner to join duty on November 20, 1995. This order also contains a stipulation that 'the employee will not be granted any benefit during the period of termination'.
(3.) It is the admitted case of the parties that this order came to be passed in due deference to the decree passed in favour of the petitioner. The petitioner retired from service on June 30, 1999 on attaining superannuation. It appears that the petitioner was denied pensionary benefits, though some of the retiral benefits have been paid. The petitioner filed the present writ petition claiming following reliefs :- "directing the respondents to grant pensionary benefits to the petitioner applicable w.e.f. 01.07.1999 as the petitioner was superannuated on 30.6.1999 (Annexure P-5) in view of the law laid down by the Full Bench of the Hon'ble High Court in the matter of Dr. Ishwar Singh v. State of Punjab, 1994 1 SCT 563; A writ of certiorari be issued quashing the order passed by respondent N.4 dated 25.11.1983 (Annexure P1) terminating the services of the petitioner without holding an enquiry in violation of the law laid down by the Hon'ble Supreme Court in the matter of Managing Director, ECIL v. B. Karunakar, 1994 1 SCT 319. It is further prayed that this Hon'ble High Court may issue any other appropriate writ, order or direction as it deems fit and proper in the facts and circumstances of the case".;