STATE OF PUNJAB Vs. HARJEET SINGH

JUDGEMENT

(1.) HARJEET Singh filed suit for declaration against the State of Punjab whereby he challenged his removal from the post of Pump Operator and prayed that he be treated as in service of the defendant (State of Punjab) as pump operator with all the benefits attached to that post as if he was never removed from that post.

(2.) IT was alleged in the plaint that he was workings pump operator in the Public Health Division, Muktsar under the State of Punjab, His father died on 10.1.91 while in harness. According to the instructions issued by the State of Punjab from time to time, if an employee dies in harness, one member of his family has to be given appointment keeping in view his qualifications so as to retrieve the family of the hardship which it became afflicted with on account of the untimely demise of the bread winner of the family. It was alleged in the plaint that his father Jarnail Singh was working as Clerk in the Public Health Department of the State of Punjab. Plaintiff was given appointment as class IV on daily wages though he was required to be given appointment on regular basis as his father was working on regular basis. Plaintiff was working since 1.2.91 on the basis of the Punjab Govt. Policy. Defendant State of Punjab terminated his services which was in violation of the policy drawn up by the State of Punjab aimed at rehabilitating the family whose sole bread winner died in harness.

(3.) ON the pleadings of the parties, the following issues were framed : -