NAVEEN KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Shri Naveen Kumar, petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India and it has been prayed by the petitioner that a writ in the nature of certiorari be issued and the order dated 3.12.1999 issued vide Memo No. 252, Annexure P-1, vide which the service of the petitioner was terminated, be quashed on the grounds that the same is illegal, arbitrary and against the principles of natural justice.

(2.) The case set up by the petitioner is that Panchayat Samiti, Hajipur advertised the vacancy of the Peon in Hindi Milap Newspaper. The petitioner as well as the other persons appeared for interview. The petitioner was selected being suitable candidate and the appointment letter was given to him on 20.6.1996 by the Chairman of Samiti vide letter No. 109 (Annexure P-2). In the appointment letter, it was mentioned that the petitioner will be on probation for one year and during this probation period if the work of the petitioner is found satisfactory then his services will be deemed to be regularised. The petitioner is in service for the last more than 3-1/2 years continuously till the date of the filing of the writ petition without any break in service. Moreover, the work of the petitioner was satisfactory and there was not a single complaint or stigma against the petitioner but despite all this, respondent No. 3 issued a termination letter dated 3.12.1999 bearing No. 252, which, according to the petitioner, is totally illegal, arbitrary and unconstitutional and against the principles of natural justice as no opportunity was granted to him before passing the termination order. This order is malafide as the superiors of the petitioner wanted to play some mischief as they were interested to adjust somebody else in place of the petitioner and impugned order of termination has been passed under pressure. The petitioner wrote two letters against the order of termination but to no effect. With these averments the petitioner has made a prayer for quashment of the termination order.

(3.) Notice of the writ petition was given to the respondents who filed the joint written statement and it was pleaded that approval for filling the post of Peon was given by the Government i.e. respondent No. 1 on 28.5.1996 subject to the condition that the post may be filled up either through Employment Exchange or by giving an advertisement in the newspaper. The reason for advertisement was to give wide publicity to the people in general. In fact a proposal was received from the then Chairman, Panchayat Samiti, Hazipur on 22.1.1996 that the petitioner may be appointed on ad hoc basis as he belongs to backward class. Thereafter, respondent No. 1 asked respondent No. 3 to send the particulars of the applicant showing educational qualifications etc. On receipt of the said information, the proposal was sent to the Chairman and it was considered and rejected. The Executive Officer also give the approval. The said post was then filled up by respondents No. 2 and 3 on 20.6.1996. A complaint was received from Shri Suresh Kumar, which was addressed to the Chief Minister on the basis of which the whole matter was inquired into and it was found that the advertisement was given in Hindi Newspaper namely Milap. Certain other irregularities were also committed. Appointment on the petitioner was illegal. Therefore, his services were terminated. As per government instructions the age of the appointee should not be less than 18 years butt at the time of the advertisement the petitioner was less than 18 years of age. Moreover, according to the provisions of Punjab Panchayat Samiti and Zila Parishad Rules, 1965, the minimum age for appointment to the post of Peon is 18 years and as such the appointment of the petitioner was against the statutory provisions. With this defence the respondents prayed for the dismissal of the writ petition.