BHARPUR SINGH Vs. FINANCIAL COMMISSIONER AND ORS

JUDGEMENT

(1.) The Petitioner was selected and appointed as Veterinary Pharmacist vide order dated 19.10.2001 (Annexure P-2) against Handicapped quota. The selection made by the Government was found to be not in consonance with the statutory rules and was, therefore, revoked. Services of all the employees appointed as per that selection were dispensed with. The said decision of the Government was challenged by the employees vide various writ petitions. The order of termination was set aside and the Petitioners in those writ petitions were directed to be reinstated within a period of one week. Accordingly, the Petitioner was also reinstated in service, however, as the liberty was granted by the High Court to consider individual claim of each of the Petitioners to verify their claim and defence in support of their selection, State of Punjab proceeded to consider their claims and give personal hearing to the employees. Petitioner was given personal hearing on 15.12.2009. His claim was rejected by the Respondents vide order dated 25.2.2010, on the ground that at the time when the Petitioner was appointed he was less than 18 years of age, as his date of birth was 18.10.1993. It has further been recorded therein that at the time of personal hearing Petitioner has submitted 10th Class certificate, wherein his date of birth was mentioned as 18.10.1983 and on that basis the claim of the Petitioner has been rejected.

(2.) Counsel for the Petitioner contends that this is a factual error which has crept in the order, as the Petitioner has submitted his matriculation certificate which has been issued to the Petitioner on 29.6.2005, wherein his date of birth has been mentioned as 18.1.1982, the Petitioner completed 18 years of age on the date when the eligibility was to be seen. He accordingly submits that the decision of the Government dated 25.2.2010 can not be sustained. He submits that the Petitioner had already made a representation to the Chief Minister, Punjab dated 20.9.2010, highlighting his grievance. He, however, submits that liberty may be granted to the Petitioner now to approach the Financial Commissioner and Secretary, Government of Punjab, Department of Rural Development and Panchayat-Respondent No. 1, to highlight the mistake which has crept in the order dated 25.2.2010, and the competent authority may consider the correct facts and then pass a decision on the claim of the Petitioner.

(3.) In view of the prayer made by the counsel for the Petitioner the present writ petition is disposed of with liberty to the Petitioner to file a detailed representation along with the supporting documents to the Financial Commissioner and Secretary, Government of Punjab, Department of Rural Development and Panchayat, Respondent No. 1 within a period of one month from today. If such a representation is made, the same shall be considered and decision be taken thereon within a period of two months thereafter. The speaking order so passed on the consideration of the claim of the Petitioner be conveyed to the Petitioner forthwith.