MOHAN SINGH DHAMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was recruited as an Inspector in the Department of Co-operative Societies on Jan. 15, 1961. While working as such, he joined Indian Army on Jan. 12, 1963. The petitioner was commissioned as Officer on June 30, 1963. On April 7, 1968, the petitioner was released from the Army. After his release, he was appointed as an Inspector and promoted as Assistant Registrar, Cooperative Societies in Oct., 1977. The petitioner claims that in accordance with the instructions issued by the Government through different letters and particularly vide letter dated Oct. 19, 1965 he was entitled to be absorbed as Assistant Registrar w.e.f. April 8,1968 when he came back after his release from the Army. Reliance for this purpose has been placed on the instructions contained in Govt. Circular letter dated Oct. 19, 1965. The relevant portion quoted by the petitioner reads as under :

(2.) The petitioner's representation to the Department having borne no fruit, he has approached this Court through the present writ petition. It has been averred that the action of the respondents is arbitrary and violative of Articles 14 and 16 of the Constitution. Accordingly, a writ in the nature of Mandamus directing the respondents to treat the petitioner as having been absorbed as Assistant Registrar, Cooperative Societies w.e.f. April 8, 1968 with all consequential benefits in the matter of further promotion etc. has been made.

(3.) A written statement has been filed on behalf of the respondents. It has been initially averred that the Punjab Government had notified the Punjab Government National Emergency (Concession) Rules, 1965 vide notification dated July 29, 1965 which was published in the official Gazette. It has been further mentioned that instructions had been issued by the Government for imposing a ban on direct recruitment on substantive basis. These instructions were fully complied with and no direct recruitment to the post of Assistant Registrar was made during the period Feb., 1963 till the rejoining of the petitioner as an Inspector on April 8, 1968. It has been further pointed out that upto 1973 no direct recruitment was made to the post of Assistant Registrar as there was no permanent vacancy available in the Department. It has also been averred that the instructions referred to by the petitioner are not applicable in his case as the matter is covered by the provisions of Rules 5 & 7 of 1965 Rules referred to above. It has been further pointed out that vide Govt. Memo No. 795-CI-69/4786 dated 22-10-1968 the petitioner was advised to apply for the post of Assistant Registrar as and when the posts are advertised by the Punjab Public Service Commission for direct recruitment. It has also been averred that 19 posts were, in fact, advertised, out of which, three were reserved for Ex-Servicemen during the period 1974 to 1983. The petitioner did not apply for direct recruitment and consequently it is averred that he is not entitled to the benefit as claimed by him in this petition.