ANIL KUMAR Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THE Petitioner in the present writ petition assails order dated 24th May, 2002 Annexure P -13 whereby he has been reverted from the post of Clerk to that of Sewadar (Peon) by the Director, Local Government, Punjab Respondent No. 2.

(2.) BRIEF facts of the case are that father of the Petitioner Roshan Lal was working as a Tractor Driver with the Improvement Trust, Jalandhar. During his service he died on 16th November, 2000. The Petitioner submitted an application to the Improvement Trust, Jalandhar, alongwith matriculation certificate for appointment as Clerk on compassionate grounds. The Petitioner is the eldest son of the deceased Roshan Lal. His request was accepted and he was appointed as Clerk on 7th March, 2001. Copy of appointment letter is annexed with the petition as Annexure P -3. During the service of the Petitioner as Clerk with the Improvement Trust Jalandhar, the Assistant Controller (Internal Audit) Improvement Trust raised an objection with regard to the salary of the Petitioner on the ground that he was not matriculate with IInd Division and as such he did not fulfil the minimum qualifications for appointment as a Clerk. Thereafter a reference was made by Respondent No. 3 Executive Officer, Improvement Trust, Jalandhar to the Director Local Government, Punjab, Respondent No. 2 for relaxing the qualifications of the Petitioner in respect of his appointment as Clerk. Respondent No. 2, - -vide letter dated 17th June, 2001 (Annexure P -6) considered the proposal and approval was granted on the condition that the peitioner should pass the matric examination with Punjabi in IInd Division within one year. The Petitioner appeared in the matriculation level Punjabi examination conducted by Punjab School Education Board and passed it in the year 2001. He submitted copy of the detailed marks sheet to Respondents, - - vide letter dated 22nd February, 2002 (Annexure P -7). Insofar as passing of matriculation with IInd Division is concerned, the Petitioner made enquiries from Himachal Pradesh Board of School Education, Dharsamshala, from where he has passed matriculation in the year 1992 as to how he could improve his division. The Petitioner was informed that improvement examination of the matriculation could only be given in the next academic session to the session in which one would pass out the examination. The Petitioner had passed matriculation in the year 1991 -92, and he could not make improvement in his division after the academic session 1992 -93 as per rules of the Himachal Pradesh Education Board. The Petitioner states that he was guided to appear straight -way in the 10+2 examination of the Board which would satisfy the condition imposed by Respondent No. 2. The Petitioner filled the necessary forms for appearing in 10+2 examination. However, by registered letter dated 2nd February, 2002 the Secretary, Himachal Pradesh School Education Board, Dharamshala informed the Petitioner that with effect from March, 2002 onwards it had been made mandatory for a person to first pass 10+1 examination before he can be allowed to appear in the 10+2 examination and as such the forms submitted by him were cancelled. In these circumstances, the Petitioner could not pass matriculation with IInd Division within the period of one year as granted by Respondent No. 2. The Petitioner was asked, - -vide letter dated 5th March, 2002 (Annexure P -9) by Respondent No. 2 to inform them whether he had cleared the matriculation examination in IInd Division. The petitioner then made a representation dated 7th March, 2002 (Annexure P -10) asking for relaxation for the year 2002 -03 so that he was able to pass 10+2 examination. The Improvement Trust Respondent No. 3 also, - -vide memo dated 18th March, 2002 (Annexure P -ll) wrote to the Director Respondent No. 2 regarding passing Matriculation in IInd Division by the Petitioner. A reference was made to the representation of the Petitioner in which he had informed the office that he had passed Punjab examination of the matric standard from the Punjab School Education Board. However, for passing matric in IInd Division it was stated that he required of migration certificate from Himachal Pradesh Board of Education and only after the year 2002 -03 he could appear since one year provided by Himachal Education Board for improvement in matriculation subjects has elapsed in the year 1993. The Petitioner prayed that he should be granted relaxation for the year 2002 -03. The representation of the Petitioner was forwarded by Respondent No. 3 to Respondent No. 2 for necessary action. The Director, Local Government instead of dispassionately considering the representation passed the impugned order dated 17th May, 2002 (Annexure P13) whereby the Petitioner was reverted to the post of a Peon. The Petitioner thus filed the present writ petition assailing the said order.

(3.) RESPONDENT No. 3 in its written statement has submitted that the Petitioner was appointed on compassionate grounds and that his mother Smt. Naro Devi also made a request, - -vide application dated 1st January, 2001 alongwith affidavits of her two other sons to the effect that they had no objection for giving appointment to the Petitioner on compassionate grounds. It was further stated that there was no vacant class III post available with Improvement Trust, Jalandhar, and therefore, the case of the Petitioner was forwarded to the Government for giving him appointment as Clerk as the competent authority for such appointments is the State Government. The application of the Petitioner alongwith certificates/annexures was sent to the Government. Besides a copy of the resolution dated 16th January, 2001 (Annexure R -3/1) passed by the Improvement Trust whereby it was decided for creation of a post of Clerk for sanction of the Trust and the Government for appointment of the Petitioner to the post of Clerk on compassionate ground was also sent.