Valmiki J. Mehta, J. (Oral)

1. The present petition shows the plight of an employee who after his honest service for 33 years and 2 months has been forced to knock the doors of the Court because the original employer and the successor in interest employer are refusing to give the petitioner due benefits flowing from service of 33 years and 2 months.

2. The facts of the case are that the petitioner joined service with department of Overseas Communication Services (Ministry of Communication) on 16.11.1971. The petitioner through proper channel then applied for transfer to Delhi Electric Supply Undertaking (DESU). On this application of the petitioner filed through proper channel, the petitioner was allowed to join DESU and which he did on 16.11.1977. It is not in issue that the petitioner applied through the proper channel and through proper channel was relieved from the Ministry of Communication and was employed with DESU. This is clear from the letter dated 2.5.2001 annexed by the respondent No. 1 with its counter and para 1 whereof clearly states that it is through the proper channel that the petitioner applied for and joined DESU. Since the contents of this letter dated 2.5.2001 are relevant, the same are reproduced hereunder:-

"No. HQ-C/03-01(2)/2001-PER

Asstt. Personnel Officer (Pension),

Delhi Vidyut Board,

Pension Cell,

Rajghat Power House,

New Delhi

Sub: Counting of past service rendered by Shri Jagdish Narain w.e.f. 16-11-71 to 4-11-71, Ex.JTA, OCS, R/S Chhatterpur N.D.

Sir,

Please refer to your letter No. APO(P)/2000-2001/2890 dated 14-2-2001, on the above subject.

The information desired by you in your above cited letter dated 14-2-2001 is as under:-

1.

Shri Jagdish Narain had applied through proper channel.

2.

Shri Narain joined OCS on 16-11-1971 (FN) and was relieved w.e.f. 04-11-1977 (AN) to join D.E.S.U. He had not taken any Ex-O.L. during the above period.

3.

Shri Narain was a member of GPF.

4.

Shri Narain's GPF alongwith GPF ADA was transferred to D.E.S.U. in the year 1978 by the Regional Pay & Accounts office, OCS, New Delhi. He was not paid any service/retirement gratuity or pro-rata pension, as he was not eligible for the same.

Yours faithfully,

For VIDESH SANCHAR NIGAM LTD.

(SMT. M.K. PANKAJ AKSHAN)

DY. GENERAL MANAGER (HR)"

3. The petitioner worked with DESU then with DVB and thereafter with BSES Rajdhani Power Limited/respondent No. 1 for 27 years and two months. The sum total of service period of petitioner with his employers therefore came to 33 years and 2 months. The petitioner superannuated on 31.1.2005.

4. On retirement, when the petitioner was granted his service benefits including the pensionary benefits it transpired that the petitioner was getting the said benefits only for 27 years and 2 months and not for 33 years and 2 months. The petitioner after the usual follow up, ultimately served a legal notice dated 13.1.2006 for giving the service benefits taking the service period as 33 years and 2 months and not as 27 years and 2 months. The matter was again thereafter followed up with the authorities, which was however to no avail forcing the petitioner to file the present writ petition.

5. At the outset, I may state that when an employee through the proper channel joins one government department from another government department, there is a presumption of continuity of his service, unless, it is brought to the notice of the petitioner that in spite of getting employment through the proper channel, which is indicative of continuity of service, he would not be granted the benefit of continuity of service unless a particular act is done by an employee. This is important because it is not for the employee to find out, unless he specifically required to do it, whether two government departments have done their duties and any financial consequences/amounts are paid by the original government department to the successor government department.

6. The stand of the respondents and so argued on behalf of the respondent Nos. 1 and 2 is