PARAMJIT KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner belongs to the category of Scheduled Caste. He has been working as a Helper in the office of General Manager, Punjab Roadways, Hoshiarpur Depot since 29.4.1986 on daily wages. He is under Matric (9th Class Pass). He has completed more than 13 years and 10 months of service. On 14.8.1987, his services were terminated without any notice or charge-sheet. This order was challenged by the petitioner by way of Reference No. 30/90. The Labour Court held the termination to be illegal and void and directed his reinstatement with continuity of service. No appeal was filed against the award of the Labour Court. The petitioner was allowed to join the duty on 18.10.1991. The petitioner was even granted the revised pay scale of Rs. 800-1455 w.e.f. 1.7.1994. The revised grade which was granted to the petitioner was applicable to regularly selected Helpers. By order dated 29.2.2000, the services of the petitioner have been terminated w.e.f. 31.3.2000. The 3rd Punjab Pay Commission recommended the rationalisation of grade structure, designation, qualifications and mode of recruitment for the skilled and semi-skilled staff working in various departments of the State Government. These recommendations of the 3rd Pay Commission have been accepted on 26.10.1988. In these recommendations, the recommended qualifications on the post of Helper are under Matric with knowledge of trade concerned.

(2.) Mr. Salil Sagar, learned counsel for the State has, however, submitted that the qualifications for appointment on the post of Helper are reproduced in paragraph 5 of the writ petition. Even according to the petitioner, appointments on the post of Helper are governed by Punjab State Class IV Services Rules, 1963. In rule 5(d), it is provided that no person shall be recruited to the service by direct recruitment unless he "possesses the requisite knowledge of Punjabi and English languages and such other additional academic qualifications and experience as may be specified by the Government from time to time."

(3.) We are of the considered opinion that the petitioner is duly qualified on the post of Helper as provided in the qualifications recommended by the 3rd Punjab Pay Commission. The recommendations have been accepted by the State of Punjab. Once the recommendations of the Pay Commission have been accepted, the same are binding on the State of Punjab. The question with regard to the qualifications for the post of Helper in State of Punjab is no longer Res Integra. A person similarly situated as the petitioner had filed CWP No. 3387 of 2000. The aforesaid writ petition was allowed on 25.2.2002 by a Division Bench of this Court. It has been held as follows :-