My father got temporary job as a driver in Mechanised Launch in Customs & Central Excise in Kakinada on 29-1-1985 for Rs.20/- per day. At the time of joining temporary his is 35 years and 1 month. One month age is extra than the required age. But his educational qualifications is enough and he has plenty of sea service. After that, he has taken as continue daily wages for regular salary from on 2-3-1990. But he was regularised by Central Govt. on 1-3-1997. While taking him into the job the Central Govt. officials demanded my father to obtain letter from him not to consider his previous service, which was he done from 29-1-1985 to 2-3-1990. So my father signed on the letter that he never asked about the service. But now my father will be retired on 31-12-2009. Can he get the previous service included in present service. Can he file a case against the central govt. after retirement? Kindly suggest me some case Laws reguarding this ground.
20 February 2010
Your father cannot file case against the central government. He has pre-empted this action by his consent letter that his services may be regularized and that he would not insist on counting period of service spent by him on daily wage basis for the service benefits purposes. Hence, your father cannot proceed against the central government on this count.