IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 7112 of 2008. Decided on: 22.10.2010. __________________________________________________ Hem Singh … Petitioner. Versus State of H.P. & Ors. … Respondents ___________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Mr. Lokender Thakur, Advocate. For respondents No.1 to 2 : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. For respondent No. 3 & 4 : Mr. Adarsh Sharma, Advocate. ___________________________________________________________ Justice Kurian Joseph, C.J. (Oral). The writ petition has been filed with the following prayers:- “i) To direct the respondents to confirm the applicant against the post of ‘Driver’ in Himachal Govt. Transport/Himachal Road Transport Corporation by creating supernumerary post, if so required; ii) To direct the respondents to condone the period of break-in-service of the applicant if any, and issue appropriate order to that extent; iii) To issue directions to the respondents to make available the Service Book of the applicant to the Senior Deputy Accountant General, Himachal Pradesh, Shimla after recording entry with regard to condonation of delay in service as alleged, for finalizing the pension case of the applicant and issuance of Pension Pay order.” 2. In the reply at para-6, it is stated as follows: “It is further submitted that the applicant, initially appointed on daily wages in the year 1967 and thereafter he was 2 regularised in the year 1972 in the then HGT. The applicant thereafter opted to serve in HRTC as driver. The service record of the applicant is full of blots/red entries and he has been found absent willfully from the Government duty without the prior permission of the competent authority. Further more the applicant was charge sheeted number of times for his misconduct and the applicant all the times, failed to submit proper reply for the charges. The applicant throughout his service tenure remained absent without seeking leave and thereby put the HRTC to a heavy loss. The case of the applicant for confirmation was duly considered by the departmental promotion committed but was rejected because of the red entries in is service record. Since the applicant was not a confirmed employee of HRTC, the pensionary benefits cannot be given to him, however, a retirement gratuity has been given to the applicant and his son has been absorbed in the HRTC as Conductor.” 3. In view of the stand in the reply and the intervening developments, in case the petitioner has still any grievance left, it will be open to the petitioner to approach the third respondent within one month, in which case the third respondent shall take appropriate action in accordance with law within a period of another four months. 4. With these observations, writ petition stands disposed of, so also the pending application(s), if any. Dasti copy. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) Judge. October 22, 2010. (cr/vt) 3