Law:

Section:

(a) Civil service-- --- Wrongful prevention from serving on a particular post--Effect-­Employee to be given all remunerations and other benefits as if he was actually rendering service--Postman working in I before Independence opting to serve in I but leaving I due to violent communal riots and coming to P in August, 1947--Appointed as Postman in October, 1947 in but subsequently put to work as Extra Departmental Stamp Vendor (non-pensionable job) in June, 1948 and again entrusted job of Postmen for about one year--Continuing to work as Extra Departmental Stamp Vendor (non -pensionable) till superannuation--Refused pension benefit on plea that he held only a non-pensionable post given to him on humanitarian ground because he being non-optee for service in P was not entitled to be appointed as a Postman (pensionable post)--Precedents of non-optees absorbed against pensionable posts quoted--Government policy that all persons whether opted for P or not who left their pensionable posts in I on or before 31-12-1950 should be allowed benefits of such service rendered in I for purpose of pension available on record--Appellant, in circumstances, held, wrongfully prevented from service as postman (pensionable post) and entitled to pensionary benefits for entire service rendered in P and I--Service Tribunals Act (LXX of 1973), S.4. N.W.F.P. v. Suraj Narain Anand 75 I A 343 and P L D 1970 S C 415 rel. (b) Service Tribunals Act (LXX of 1973)-- ---S.4--Limitation--Technical pleas--Not pertinent in face of bounden obligation of relevant authorities to satisfy claim themselves--Appellant wrongfully refused pension benefit for services rendered--Prevention from serving against pensionable post not due to fault of appellant-­Appeal before Tribunal filed though about 17 years after termination of service on attaining superannuation age but, within one month of rejection of his claim finally--Technical plea of limitation, in circumstances, held, not pertinent in face of bounden duty of relevant authorities to satisfy claim of appellant themselves and same rejected as misconceived. Supreme Court Civil Appeal No. K-56 of 1980 unreported rel. (c) Civil service-- --- Natural justice,…

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