PROMILA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of CWP-24036-2016, CWP-573- 2019 and CWP-17013-2020, as common facts and question of law are involved. CWP-573-2019 pertains to common question of law but different facts and decision in the first two would have a bearing on it, since question of law would be common and therefore, they are being decided together.

(2.) The issue, in summarized manner, relates to the appointment to a post of the Punjab Civil Services (Executive Branch) from Register A-II in which, the petitioner-Raman Kumar Kochhar (hereinafter to be referred to as the 'selected candidate'), in CWP-17013-2020 has been appointed vide letter dated 29.09.2016 (Annexure P-13). The representation of the petitioner in CWP-24036-2016, Promila Sharma (hereinafter to be referred to as the 'contesting petitioner'), to declare him ineligible on the ground that he does not fulfill the basic eligibility criteria as given in Rule 10(4)(c) of the Punjab Civil Services (Executive Branch) 1st Amendment Rules, 2011 and declare her eligible, has been rejected vide order dated 12.10.2016 (Annexure P-14), which has, thus, been challenged by the said petitioner. She has also sought directions for appointment to the said post as she comes within the selection zone.

(3.) During the pendency of the first writ petition, filed by Promila Sharma, the State had issued a show cause notice dated 28.11.2018 (Annexure P-18) to the selected candidate and thereafter, vide order dated 05.10.2020 (Annexure P-31), his appointment has been cancelled. He has been directed to rejoin his parent cadre on the ground that he was not qualified to be appointed as he does not have the basic educational qualification of "Graduation". However, his service benefits have been protected as if he had served in his parent cadre for the purpose of continuity and it was not to be treated as break in service. The State Government had also, vide the order passed by the Chief Secretary which is now impugned by Raman Kumar Kochhar, had come to the conclusion that the MA degree in History from Annamalai University cannot make him eligible without the basic first degree of Graduation and therefore, he cannot be considered as qualified under the PCS Rules.