1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 5017 of 2008 Date of decision: 26.10.2010 Tek Chand ….. Petitioner. Vs. H.P.S.E.B and another …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : For the Respondents : Mr. Shashi Shirshoo, Advocate. Justice Kurian Joseph, C.J. (Oral) The petition is filed with the following prayers:- “(i) That the respondents be directed to pay the disability pension to the applicant from due date and also the interest @ 12% per annum till actual payment. (ii) That termination of applicant from service may be held null and void and the respondents may be directed to re-engage the applicant in services of respondents and he may be deemed to be in continuous service from the date of his initial appointment. 2. In para-1(ii) of the reply, it is stated as follows:- “In context, the replying respondents submit with utmost respect that the applicant herein was initially engaged as casual labour on daily wages basis by the replying respondents on dated 29.9.1981, who worked as such upto 20.2.1986, with lot of absence/interruptions at his own instance and the applicant did not completed 240 days 2 in continuous un-interrupted service in any calendar year. Man Days Chart showing the details of attendance/absence of the applicant is placed on record as per Annexure R-1. The applicant worked as supervisor at Chhaki Nallah Micro Project w.e.f. March 1983 to Dec. 1983 and March 1984 with breaks to onwards as per experience certificate attached as Annexure A-3 by the Assitt. Engineer Civil Construction Sub- Division Mandi on 9.10.1984. It is further submitted that after 20.2.1986, the applicant left the job at his own instance and did not resume the duty for the reason best known to him. This fact has been canceled by the applicant in his O.A. and has not come with clean hands before the Hon’ble Tribunal Court.” 3. In view of the stand taken in the reply as above and in view of the intervening developments, in case, the petitioner has still any grievance left, he may approach the 1st respondent, in which case, the 1st respondent will look into the matter and take appropriate action in accordance with law and justice within four months from the date of production of copy of this judgment alongwith copy of this writ petition by the petitioner. 4. The petition is disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh), Judge October 26, 2010 (sks/grs)