RAMESH PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) There were five posts of Octroi Clerks and two posts of Safai Sewaks, which fell vacant in the Municipal Committee, Sunam, respondent No. 3 on account of retirement or death of some of its employees. Respondent No. 3, with a view to filling up these vacancies approached the Director, Local Government Punjab, Chandigarh for seeking necessary permission. While conveying the said permission, the Director vide letter dated 24.3.1988, Copy of Annexure P-2 to the writ petition, directed the Executive Officer, Municipal Committee, respondent No.3 to take further action in accordance with the instructions contained in Memo No. DIG- GB-88/8229-8435 dated 2.3.1988 addressed to all the Executive Officers in the State of Punjab. These instructions envisage that the vacancies which may be caused by the retirement or death of an employee including leave vacancies not less than sixty days provided the vacancy which may occur, be filled up as per the prescribed procedure after notifying the vacancy to the Employment Exchange as well as Director, Sainik Board, Punjab etc.

(2.) These posts were advertised by respondent. No. 3 through an advertisement which appeared in the Punjabi Tribune dated 14.4.1988 and in Daily Kaumi Din published from Sangrur. The said posts were also notified to Secretary, Sainik Board, Sangrur, Deputy Director, Local Govt. Patiala, Deputy Commissioner, Sangrur, Director Sainik Board, Chandigarh, District Welfare Officer, Sangrur and also to Chairman, Central Placement Committee, Chandigarh. The Deputy Director, Local Government, Punjab Patiala was also informed in the matter vide communication dated 8.4.1988, copy Annexure P-5 to the writ petition, whereupon the said Deputy Director put the following queries to respondent No. 3:-

(3.) Respondent No. 3, vide his communication dated 21.4.1986, copy Annexure P-6 to the Writ Petition, supplied the requisite information, the details of which are given in para 5 of the writ petition. Later on the Administrator vide his order dated 26.4.1988, copy Annexure P-7 to the writ petition, constituted a Selection Committee consisting of Executive Officer, Municipality Sunam as Chairman and one number each from District Welfare Officer, Sangrur Secretary, District Sainik Board, Sangrur and the criterion for selection was prescribed, as given in para 6 of the writ petition, as per order dated 4.6.1988, copy Annexure P-8 to the writ petition. The petitioners were interviewed on 5.5.1988 by the Selection Sub Committee and the petitioners' names were recommended for appointment vide its report, copy Annexure P-9. After accepting the recommendations of the Selection Sub Committee by the Administrator vide his order No. 148 dated 25.5.1988, the Executive Officer, Municipality, Sunam issued appointment letters to the petitioners vide orders dated 62 and 63 dated 1.6.1988, copies Annexures P-11 and P-12 to the writ petition. They accordingly joined their respective duties. The services of petitioners Nos. 5 and 6 namely Dara and Shammi, who were already working in the Municipality, Sunam. as Safai Sewaks, were subsequently regularised.