JUGAL KISHORE Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) With the consent of counsel for both the parties, the matter is taken up for final disposal at the motion stage as the pleadings are complete. Written statement on behalf of respondents No. 2 and 3 filed in Court today is taken on record. Respondent No. l has filed the written statement earlier.

(2.) In this petition under Article 226/227 of the Constitution of India, the petitioner seeks the issuance of a writ in the nature of Mandamus directing the respondents to treat the period of service of the petitioner from 2.7.11971 to 31.8.1975 as qualifying service for pensionary benefits.

(3.) The Municipal Corporation, Aroritsar (hereinafter referred to as "the Corporation") was earlier a Municipal Committee and had been constituted as a Municipal Corporation in the year 1997 under the Punjab Municipal Corporation Act; 1976 (hereinafter referred to as "the Act"). The Municipal Committee, Amritsar vide resolution No. 2589 decided to fill up the existing as well as future anticipated vacancies of Bill Distributors, Library Care-takers and Tax Collectors. Names of eligible candidates were called from the Employment Exchange as well as directly. On 2.7.1969, a Selection Committee consisting of President and Executive Officer, interviewed all the candidates. Two separate select lists were prepared i.e. for General Category and for Reserved Categories, respectively. 20 candidates were selected in the General Category. Whereas 24 candidates were selected in the Reserved Categories of Scheduled Castes and Backward Classes. The select list was approved by Resolution No. 1471 passed by the Municipal Committee on 21.3.1970. Mane of the petitioner figures at S. No. 15 of the approved select list of the General Category. The petitioner was given the appointment letter dated 11.2.1971 issued on 11.3.1971. The petitioner was appointed on a temporary basis, against the post of Shiv Sharan, Bill Distributor who had been placed under suspension. Although the petitioner joined the service on 20.5.1971, in the record it is indicated that he had joined on 2.7.1071. In the meantime, candidates lower in merit who were at Sr. Nos. 16 and 20 in the approved list were appointed as Bill Distributor against permanent posts, whereas the petitioner has continued against the temporary post. Consequently, the petitioner made a representation on 31.8.1974 that he may be appointed against a permanent post as his juniors had already been so appointed. The petitioner also requested that he may be confirmed from his original appointment i.e. 20.5.1971. On 5.5.1975, the petitioner was appointed substantiveiy against a permanent post. The petitioner was given the benefit of annual increments from 2.7.1971 till 5.5.1975. The annual increments were released w.e.f. 2.7.1972, 2.7.1973, 2.7.1974 and 1.7.1975. On 31.3.1976, the petitioner was promoted as Clerk. On 5.2.1980, he was promoted as Junior Assistant. The petitioner retired on 31.5.2003.