STATE OF PUNJAB Vs. MELA SINGH

JUDGEMENT

(1.) Plaintiff was successful in obtaining declaration to the effect that the order dated Juiy 22, 1986 passed by the Deputy Director, Local Self Government, Punjab vide which resolution No. 94 dated November 15, 1984 of Municipal Committee, Bhawanigarh (vide which the plaintiff was appointed as Sanitary Supervisor) had been suspended and the order dated February 9, 1987 of the Joint Direct or Local Self Government, Punjab vide which order dated July 22, 1986 of Deputy Director had been confirmed were illegal, without authority and against the principles of natural justice. In appeal preferred by the appellant before Additional District Judge Sangrur, the judgment and decree passed by the trial Court in the manner, referred to above, was confirmed. This is Regular Second Appeal preferred by the State of Punjab.

(2.) Admitted or proved facts would go to show that post of Sanitary Supervisor was duly created by the State Government in the office of Municipal Committee Bhawanigarh.

(3.) The Municipal Committee had promoted the Plaintiff/respondent from the post of peon to that of Sanitary Supervisor vide resolution No. 94 dated November 15, 1984 and that the Executive Officer of Municipal Committee had also issued promotion letter in favour of plaintiff and that he had actually joined the said post on November 19, 1984. Even though it was plea of appellant-State that the operation of resolution No. 94 was stayed by the Deputy Director Local Self Government, no evidence was brought on the record which might strengthen the aforesaid plea of the State. On the other hand, the Executive Officer of Municipal Committee, Bhawanigarh who appeared in the trial Court as D.W. 1 in no uncertain terms admitted in his cross-examination that the Deputy Director never conveyed to the Municipal Committee that operation of resolution No. 94 had ever been stayed. He further admitted that the plaintiff joined the post of Sanitary Supervisor on November 19, 1984 and continued to hold the pest and had been working as such till he was relieved after suspension of resolution by the Deputy Director on July 22, 1986. From the impressive array of facts and in particular admission of Executive Officer, Municipal Committee Bhawanigarh it is, thus, proved beyond that operation of resolution No. 94 was not stayed or in any case it was never communicated to the Municipal Committee and, therefore, the plaintiff continued to work on the post of Sanitary Supervisor for a period of one year and eight months.