JITENDER SINGH TOMAR Vs. BOARD OF GOVERNORS

JUDGEMENT

(1.) THE present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing of orders dated 10.8.2011/16.8.2011 whereby the proposal to condone the break from 1.2.2007 to 7.8.2007 has been rejected and also for direction to the respondents to condone the period of 188 days as per provisions provided under Rule 4.23 of the Punjab Civil Service Rules.

(2.) BRIEF facts of the case as mentioned in the petition are that the petitioner was appointed as Lecturer on 2.2.1996 on adhoc basis and continued upto 13.3.1997. Thereafter, he was relieved from his duties on joining of the regular person to the post. Thereafter, again he was appointed on adhoc basis on 10.7.1997 and continued upto January 31, 2007. He was relieved on joining of regular incumbent. Thereafter, again the petitioner was appointed on regular basis on 3.8.2007 and joined his duties on 7.8.2007. The petitioner made a representation to the authorities concerned for taking into consideration the previous service for the purpose of fixation of his pay and matter was placed before the Board of Governors in the meeting held on 4.12.2009. It was decided in the meeting to await the decision of the Finance Department.

(3.) LEARNED senior counsel also submits that the case of the petitioner is squarely covered by the decision of Division Bench judgment in Sardar Kartar Singh v. The State of Haryana and others 1996 (1) RSJ 620. Learned counsel also submits that the petitioner had already been granted benefit of increments after considering the earlier service and was allowed to cross efficiency bar with effect from 1.7.2006. However, the period of 188 days has not been condoned.