STATE OF PUNJAB Vs. AMRIK SINGH

JUDGEMENT

(1.) (Oral) - Amrik Singh was working as Pump Driver in the PWD Public Health Department. He was retired on 30.11.1989 on attaining the age of 58 years. He filed suit for declaration claiming that he was a Class-IV Government servant and when he was a Class-IV Government servant, he could not have been retired at the age of 58 years but was entitled to continue till he attained the age of 60 years. He joined service on 19.12.1952 as work charge pump driver in the erstwhile State of PEPSU. It was a Class IV post. After integration of the State of PEPSU into the neighbouring State of Punjab on 1.11.1956 he was absorbed as pump driver in the successor State. On 27.1.1960, he was regularised. He was confirmed. It was alleged that the conditions of service could not be varied to his disadvantage after the integration of the State of PEPSU into the State of Punjab. This is what has been enjoined by the provisions of Sec. 115(7) of States Re-organisation Act, 1956. It was further alleged that the post of pump driver was all along a Class IV post and it was never a Class III post.

(2.) Defendants contested the suit of the plaintiff urging that post of pump driver was a Class III post in Punjab and as such he was rightly retired at the age of 58 years.

(3.) Plaintiff's suit was decreed by Additional Senior Sub Judge, Patiala on 3.11.1993. Additional District Judge, Patiala dismissed the appeal of the State of Punjab vide order dated 1.8.1996.