STATE OF PUNJAB Vs. TARLOK SINGH

JUDGEMENT

(1.) THIS is regular second appeal by the defendants directed against the judgment and decree dated 8.9.1980 passed by the then Additional District Judge, Patiala, whereby their appeal was dismissed.

(2.) BRIEFLY staled, the facts are that the respondent (plaintiff) was appointed as Dresser with effect from 30.7.1960 after having been recommended by the Employment Exchange. After sometime, he was promoted as Trachoma Supervisor (now designated as Trachoma Basic Health Worker) on 21.5.1962 by the Director, Health Services, Punjab, vide order dated 16.5.1962. However, later on the post was abolished and he was reverted. After sometime, the post of Clerk fell vacant in the office of the Chief Medical Officer, Patiala. He applied for the same. He was considered for the said post alongwith the recommendees of the Employment Exchange, with the result, that he was selected and appointed as Clerk on 17.6.1967. His appointment was duly approved by the Director, Health Services, Punjab. The Director, Health Services, also accorded approval for his continuation as Clerk after a period of six months till further orders and report about his work and conduct was also called. He had been continuing since then. The Director, Health and Family Welfare, Punjab, vide his order dated 10.10.1978 1.e. after a period of 11 years, ordered his reversion from the post of Clerk to that of Trachoma Basic Health Worker. Aggrieved by the said order of the Director, Health and Family Welfare, the respondent filed a suit seeking declaration to the effect that the said order was illegal, ultra -vires, unconstitutional, null and void, mala fide and against the principle of natural justice, on the grounds that the impugned order was discriminatory in character as persons junior to him were still serving the department as Clerks and further the order was hit by Article 311 of the Constitution of India and also that he was not heard before reverting him and that the order was contrary to the terms of his appointment as well as Punjab Civil Services (Punishment and Appeal) Rules, 1970. He also slated that he was allowed to cross the efficiency bar on 8.2.1973 with effect from 6.2.1969 and further his work and conduct had always been satisfactory. Further prayed that he be deemed to be in continuous service as Clerk and further he claimed the relief of permanent injunction for restraining the appellants from giving effect to the impugned order.

(3.) THE parties produced their evidence. The trial Court, under Issues No. 1 and 2, vide judgment dated 24.12.1979, held that the impugned order was illegal and was in violation of the Constitution of India and Punjab Government's instructions issued from time to time and, therefore, was liable to be set -aside. Consequently, the decree for declaration was passed and the order dated 10.10.1978 passed by there Director, Health and Family Welfare, Punjab, Chandigarh, reverting him from the post of Clerk to his original Class IV post was set -aside and it was held that he would continue in service as Clerk and further by way of permanent injunction, the appellants were restrained from giving effect to the impugned order.