MUKHTIAR MASIH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The appellant herein, by means of present intra-Court appeal, challenges the judgment dated 24.1.2012 rendered by the learned Single Judge by which the writ petition of the appellant has been dismissed. The aforesaid writ petition was filed by the appellant along with three others. Services of all the four petitioners were terminated by the respondents vide office order dated 25.4.1995 on the ground that these petitioners had failed to fulfill the conditions regarding passing of Punjabi Type Test in spite of repeated opportunities given to them. It is only the appellant out of those four petitioners, who has filed the present LPA.

(2.) To recapitulate the facts of the case of the appellant in brief, he was appointed as Ad hoc Clerk in the office of Director-cum-Secretary, Treasury & Accounts, Punjab on 26.6.1984. His services in the said post were regularized on 5.2.1990 and was issued appointment letter to this effect. Para 8 of the said appointment letter stipulated certain conditions (a) to (d), beneath condition (d), following stipulation was incorporated:

(3.) The appellant could not clear the said test, not only within six months, but even thereafter in spite of various opportunities provided for this purpose. Because of this reason, impugned order dated 25.4.1995 was passed by the respondents invoking the provisions of Rule 10(3)(b)(i) of Punjab Treasury State Service (Class-III) Rules, 1979 (for short '1979 Rules'). There is no dispute about the aforesaid facts. It becomes clear from the above that there was specific stipulation in the appointment letter as per which appellant was supposed to pass the type test in Punjabi within six months and it is also a fact that appellant has not been able to qualify that test. The only question that falls for consideration in these circumstances is as to what would be the consequences of non-passing of type test It is clear from the impugned order that the learned Single Judge was also conscious of this aspect in view of the following specific observations:-