SUDAMA RAM SHARMA Vs. PUNJAB UNIVERSITY CHANDIGARH

JUDGEMENT

(1.) SUDAMA Ram was working as Public Health Supervisor/Work Inspector on work charge basis with effect from 24.10.66 in the Punjab University, Chandigarh. Thereafter, he worked in the office of Executive Engineer, Punjab University, Chandigarh for about 9 months and became conversant with the office routine - Executive Engineer, Punjab University, Chandigarh found his work and con - duct satisfactory and recommended him for the vacant post of Computer in the grade of 120 -5 -200 w.e.f. 1.5.69. This post fell vacant consequent upon the appointment of one Maldev Daita as temporary Clerk. On the basis of the note put up by the Executive Engineer, Punjab University, Chandigarh, the Vice Chancellor approved the appointment of the plaintiff as temporary computer on 29.9.69. As per the duty rosier circulated by the Punjab University, Chandigarh on 21.5.83, he was working on the following duties : -

(2.) FROM the duties assigned to him as per the roster circulated by the Punjab University, Chandigarh on 21.5.82, it is apparent that he was working on the ministerial cadre and was discharging the duties of an Assistant. In the Punjab University, Chandigarh calender, there was no provision for the post of computer nor any separate duties had been assigned for the post of computer nor was there any separate gradation list. There was no chance of promotion so far as computers are concerned. He made numerous representations to the authorities of the Punjab University, Chandigarh. Number of times, matter was taken up. Advice from the State of Punjab and Union Territory of Chandigarh was sought. U.T. Chandigarh replied that both the posts i.e. computer as well as clerk are equally entitled for promotion as they are in the same grade. He had all along been clamouring that his seniority be fixed in the clerical cadre along with other clerks with effect from 3.10.69 and city compensatory allowance and house rent etc. be paid to him. This benefit was declined to him though this benefit is for all ministerial staff. At present his duty roster is purely clerical and he is discharging the same duties as an Assistant working in Punjab University, Chandigarh. Executive Engineer also requested and recommended that the post of computer be merged in the clerical cadre of the Punjab University, Chandigarh. This request was turned down without any reason. On these allegations, he filed suit for declaration against the Punjab University, Chandigarh to the effect that the post held by him in the isolated cadre of computer be merged with the clerical cadre of the Punjab University, Chandigarh and further for mandatory injunction directing the defendant to fix his seniority in the clerical cadre w.e.f. 3.10.69 to date along with all perquisites and benefits.

(3.) VIDE order dated 20.1.86, Sub Judge First Class, Chandigarh decreed the plaintiff's suit and the defendant Punjab University, Chandigarh was directed to give him chance to exercise his option in the light of the gazette notification dated 24.10.80 copy of which Ex. P9 and if the plaintiff chose to opt for clerical cadre, consequential benefits shall also be given to him according to rules, in view of his findings, that the plaintiff was entitled to opt for seniority either with the clerks or with the computers and in case he opted for the cadre of clerks, his experience as computer shall be counted towards the post of clerk.