CHAMKAUR SINGH MANDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a letters patent appeal under Clause X of the Letters Patent, against the judgment of learned Single Judge, dated 25th January, 1989, dismissing C.W.P. No. 6894 of 1986.

(2.) BRIEFLY the facts giving rise to this appeal are that Appellant (writ Petitioner) was appointed as a temporary Engineer in the Public Work Departments (Irrigation Branch) on 12th February, 1962. He was under training for a Period of 6 months and was regularly appointed to the said post on 13th August 1962 (This is so stated in the written statement on behalf of Respondent No. 1). In the wake of the declaration of National Emergency after the Chinese Aggression in 1962, the Appellant decided to join the Armed Forces. After being selected by the Services Selection Board, he Joined the Indian Air Force on 15th April, 1963 after being released by the parent department on 8th April 1963, in accordance with the general instructions of the Punjab Government issued, - -vide letter No. 860 -7GS -63 -3567, dated 19th January, 1963. Even the joining period of the Appellants i.e. from 8th April, 1963 to 15th April, 1963 was treated as on duty with the parent department in accordance with the Government instructions dated 8th July, 1963. The Appellant applied for the grant of permanent commission in the Indian Air Force and was given the permanent regular commission in the Indian. Air Force on 26th September 1964. The Appellant served Indian Air Force for over 20 years and attained the rank Squadron Leader it was further averred that while the, Appellant was working with the Indian Air Force prior to 1966, he was asked fey the Punjab Government to give his choice as to Which of the State he would like to retain his lien at the time of the reorganisation of the erstwhile of Punjab. The Appellant after serving the Indian Air Force for over 20 years was released and was granted pension by the Indian Air Force Authorities. It is the case of the Appellant that he reported back to his parent department for joining as a temporary Engineer on being released from the Indian Air force as he held a lien on the post of a temporary Engineer him to join the post of a temporary Engineer in spite of his repeated representations, which led to the filing of the writ petition and the same has been dismissed by learned single Judge.

(3.) THE learned Counsel for the Appellant, Mr. P.S. Patwalia, has reiterated the contentions which were raised before the learned Single Judge. He has contended that the post which was held by the Appellant as a temporary Engineer in the Public Works Department (Irrigation Branch) was held by him substantive and therefore, under Rule 3.12 of the Punjab Civil Services Rules, Volume I, Part I, he held lien on this post and even after his permanent regular commission in the Indian Air Force, his lien had not been terminated under Rule 3.14 of the Punjab Civil Services Rules, Volume I, Part I (hereinafter called the Rules). He had a right to come back and claim the post of temporary Engineer irrespective of the fact that he had been released from the Indian Air Force after getting pension from there. In support of the contention that since his lien had not been suspended/terminated in the parent department and he had the right to come back to the post of temporary Engineer in his parent department, he relied on a Supreme Court judgment in T.R. Sharma v. Prithvi Singh and Anr. etc., 1976 (1) S.L.R. 55.