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2010 Supreme(HP) 1178

RAJIV SHARMA
Rattan Chand – Appellant
Versus
Himachal Road Transport Corporation – Respondent


JUDGMENT :

Rajiv Sharma, J.

Petitioner was appointed as Store-Keeper in the Respondent-corporation on 10.1.1971. Disciplinary proceedings were initiated against him in the year 1987. He was compulsorily retired from service on 28.4.1990. He challenged the order dated 28.4.1990 before the learned erstwhile Himachal Pradesh Administrative Tribunal by filing original application. The same was dismissed on 8.6.1998. Petitioner was advised vide letter dated 24.8.1998 to file pension and gratuity claim immediately. Thereafter Petitioner was informed by the Regional Manager to supply the documents mentioned in letter dated 1.4.1999. He was again advised to appear before the Regional Manager vide letter dated 4.10.1999. However, the fact of the matter is that till date Petitioner has not been paid pensionary/retiral benefits.

2. Ms. Ranjana Parmar has strenuously argued that her client has worked for more than 19 years and was entitled to pensionary/retiral benefits.

3. Mr. Adarsh Sharma has vehemently argued that since the Petitioner was not confirmed against the post of Store-Keeper, pensionary/retiral benefits could not be paid to him.

4. I have heard the learned Counsel for the parties and

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