Indian Kanoon - Search engine for Indian Law

6. Nature of appointment of petitioner:

6(i) Stand taken by the respondents is that the .

petitioner was engaged in absence of their regular driver Sh.

Jai Singh, who had proceeded on long leave.

6(ii) As per the respondents, the engagement of petitioner on bill-basis was purely a stop-gap arrangement during the leave period of Sh Jai Singh (regular driver), in order to meet out the administrative exigency. In fact, this position has also been admitted by the petitioner himself while deposing as PW-6. He has admitted that Sh. Jai Singh, regular driver of vehicle No. HP-25A-0304, had proceeded on long leave; because of which he was engaged to drive the afore-said vehicle.

This witness does not advance the case of the petitioner that petitioner worked continuously from 1.02.2008 till 31.12.2009. His evidence is to the extent that petitioner used to drive the vehicle No. HP-25A-0304 and that he was engaged on account of proceeding of leave of regular driver Sh. Jai Singh, as stop-gap arrangement.

7(iii)d) PW-4, Sh. Rajender Sharma, has produced log book details of vehicle No.HP-25A-0304, as Ext.PW/A-1 to Ext.PW/A-64.

Jai Singh, as Ext.RW/1D. This witness has also proved earned and medical leave of regular driver Sh. Jai Singh, as Ext.RW1/E. Mark-PX, heavily relied upon the petitioner to contend that respondents have themselves admitted his having continuously worked with them from 1 st February 2008 till 31st December 2009, has not been admitted by the respondents and stands corrected vide Ext.RW1-C & Ext.RW1/D. It is the stand of the respondents-department that Mark-PX was inadvertently issued contrary to the actual position and contrary to the record. Therefore, error was corrected and the man-days chart of the petitioner is now correctly reflected as Ext.RW1-C & Ext.RW1/D. This .

department, during the leave period of Sh. Jai Singh, (regular driver working for the respondents-department).These documents reflect different period of working of drivers namely Sh. Prem Chand, Sh. Prakash Chand (petitioner), Sh.

Bahadur Sukh, Sh. Rinku and Sh. Suresh.

The above clearly portrays that petitioner did not work continuously w.e.f. 1st February 2008 to 31st December 2009, and that he worked only on bill basis, as stop-gap arrangement, during the leave period of Sh. Jai Singh (regular driver). Petitioner has tried to lean on the statement made in cross-examination by RW1, Sh. Naresh Kumar, to the effect that as per office order Mark-PX, issued by DFO, Reckong Peo, .