SHASHI KANT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of a bunch of petitions bearing CWP Nos. 22757, 23336, 24981 of 2012, 4417, 5921, 11800, 21325, 22568, 23629, 25146, 26676, 27802 of 2013, 1224, 2755 and 3000 of 2014, as common questions of law and facts are involved.

(2.) SOME of the petitioners are working as Chief Pharmacists, whereas some are working as Pharmacists in Health Department in Punjab. The prayer is for quashing of the communication, vide which request of the petitioners for extension in service was declined and with a further direction that the petitioners be permitted to continue in service till they attain the age of 60 years, as after attaining the age of superannuation at 58 years, in terms of the amendment carried out in the Punjab Civil Services (First Amendment) Rules, Volume -I, Part -I, 2012 (for short, 'the Rules'), two years' extension, one year at one time, was admissible to the employees at their option.

(3.) LEARNED counsel further submitted that there are total 255 posts of Chief Pharmacists and 2,720 posts of Pharmacists, out of which 906 posts were declared as diminishing cadre on account of transfer of 1,186 rural dispensaries to Zila Parishads. The communication dated 31.10.2012 merely provides that cadre of Pharmacists is diminishing and not that of Chief Pharmacists, hence, extension of service to Chief Pharmacists cannot be denied, both being separate cadres having their independent strength as per 2007 Rules. It was further submitted that in the communication issued by the Government on 26.11.2012, extension was not to be granted where any cadre had been declared a diminishing cadre. In the present case, the cadre of Pharmacists or Chief Pharmacists has not been declared as a diminishing cadre as such. Only some posts have allegedly been reduced on account of transfer of certain dispensaries to Zila Parishads.