JASMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner joined the Indian Army on July 11, 1966 as a Non-Commissioned Officer in one of the 'other Ranks'. He was discharged from the Army on July 31, 1975 while he was still working as a Non-commissioned Officer. The Punjab Panchayati Raj Khed Parishad (hereinafter called as Khed Parishad) came into being on October 21, 1969. Khed Parishad advertised posts for recruitment to the posts of Coaches in different disciplines of games on 9th January, 1976. 20% of the posts were reserved for released Indian Armed Forces Personnel under Demobilized Armed Forces Personnel (Reservation of Vacancies in Punjab State Non-Technical Services) Rules, 1968 (hereinafter called 1968 Rules).

(2.) The petitioner applied for the post of Wrestling Coach in response to the above referred to advertisement. Interview for the said post took place on 23rd April, 1976 and the petitioner was selected on 29th July, 1976. The joined the post on 4th August, 1976. Petitioner applied to the Khed Parishad that he be given the benefit of Military Service for the purpose of Seniority and increments in pay under the 1968 Rules. Vide order dated 28th April, 1991 (copy Annexure P. 1/A), Khed Parishad decided to give benefit to the petitioner of his Military service and the date of appointment for the purpose of seniority and increments was given as 16.5.1970, but it was ordered that the petitioner would not be paid any arrears.

(3.) The petitioner applied for the post of Wrestling Coach in the Punjab Agricultural University, Ludhiana and sought the permission of Khed Parishad for appearing in the interview. Permission was granted by the Khed Parishad vide its letter dated 10.2.1989. The petitioner was selected by the Punjab Agricultural University, Ludhiana and was relieved by the Khed Parishad on 7th February, 1989. As per the terms of appointment of the Punjab Agricultural University, Ludhiana, it was agreed that the petitioner's salary will be fixed at the last pay drawn by the petitioner while working with the Khed Parishad. Though the petitioner had resigned from Khed Parishad on 17th February, 1989 but last pay certificate had not been issued and one of the reliefs sought in this writ petition is that the Khed Parishad should be directed to issue to the petitioner the last pay certificate so that he could get his pay fixed with the Punjab Agricultural University, Ludhiana.