Law:

Section:

Civil Service-- ----Retirement---Cancellation---Effect---Civil servant who was to retire after completing twenty-five years' service, was granted one year's leave prior to retirement (L.P.R.) but later on said retirement was cancelled and one year's L.P.R. was considered as extraordinary leave without pay on the ground that according' to audit report civil servant had not completed twenty-five years' service---Civil servant was entitled to full pay for period of one year for which he was granted L.P.R. as the leave was not granted to civil servant due to his fault, but responsibility rested with Authorities concerned who were bound to act and keep/maintain records of officials of their department according to law, rules and standing Government Instructions---Civil servant was allowed full pay for the period he enjoyed L.P.R. granted to him. JUDGMENT HIDAYATULLAH KHAN (MEMBER). ---This appeal has been filed by the appellant against the order of respondent No. 2 dated 28-12-1992, by virtue of which the retirement of the appellant was cancelled with the direction to rejoin duty, with further order that the appellant be treated as absent from duty with effect from 1-1-1992 to the date of issue of impugned order and the same has been treated as extraordinary leave without pay while departmental appeal of the appellant against the impugned order was not replied by respondent No. 1. It has been prayed that the impugned order be set aside, the retirement and pension of the appellant may be restored as the appellant has completed 25 years' service and he may be allowed full pay with other benefits for the period from 1-1-1992 to the date of issue of the impugned order. 2. Brief facts of the case as narrated in the appeal are that the appellant was appointed as Guage Reader vide order dated 1-6-1956. The appellant performed duties on various posts. The services of the appellant were regularised as Assistant Store Keeper vide order dated 29-7-1974. The appellant was further regularised as Surveyor Grade-II vide Notification dated 4-7-1977. After completion of his 25 years' service, the appellant submitted his case for the grant of pension to respondent No. 2, who passed…

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