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Teja Singh Vs. the Jharkhand State Electricity Board and ors. - Court Judgment

SooperKanoon Citation

Subject

Service

Court

Jharkhand High Court

Decided On

Judge

Reported in

[2007(115)FLR544]; [2007(3)JCR595(Jhr)]

Appellant

Teja Singh

Respondent

The Jharkhand State Electricity Board and ors.

Disposition

Petition dismissed

Excerpt:


- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - moreover, at the time of appointment, the age is assessed medically, if there is no reliable proof of age......the age recorded in the service book i.e. 30 years at the time of joining service.in the circumstances i find, no merit in this writ petition.5. petitioner, who was to retire on 30.11.1997, was allowed to continue for about five years on the basis of manipulation which is apparent on the face of it. the board will recover the salary paid to the petitioner after november 1997 from the persons who are found responsible for such misconduct.6. this case is a glaring example of gross mismanagement of the board. the chairman must hold thorough enquiry in all such matters and take appropriate actions in accordance with law, against all persons found guilty.7. with these observations and direction's, this writ petition is dismissed. however, no costs.

Judgment:


R.K. Merathia, J.

1. Petitioner's grievance is that he has been prematurely retired.

2. From the service book produced by the Board, it is clear that petitioner's age was originally recorded as '30 years as per doctor's report'. In a different pen and handwriting, '8.11.1947' is mentioned just below the said entry, without any authentication.

3. Mr. M.K. Sinha appearing for the petitioner submitted that the service book was in the custody of the employees of the Board and therefore, petitioner has no hand in such manipulation.

The manipulation is apparent. As petitioner is sought to be benefited by such manipulation, it can be safely presumed that he got it done with the connivance of the concerned employees of the Board.

4. Mr. M.K. Sinha further submitted that Petitioner's age i.e. 30 years, was recorded when the service book was Filled up on 23.2.1970 and not when he joined the service on 8.11.1967.

There is nothing on the record to support such contention. Moreover, at the time of appointment, the age is assessed medically, if there is no reliable proof of age. It further appears that the age of petitioner recorded in other documents of the Board is in tune with the age recorded in the service book i.e. 30 years at the time of joining service.

In the circumstances I find, no merit in this writ petition.

5. Petitioner, who was to retire on 30.11.1997, was allowed to continue for about five years on the basis of manipulation which is apparent on the face of it. The Board will recover the salary paid to the petitioner after November 1997 from the persons who are found responsible for such misconduct.

6. This case is a glaring example of gross mismanagement of the Board. The Chairman must hold thorough enquiry in all such matters and take appropriate actions in accordance with law, against all persons found guilty.

7. With these observations and direction's, this writ petition is dismissed. However, no costs.


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