NEK CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Writ petition is admitted. Pleadings of the parties are complete. By consent writ petition placed on Board and called out for hearing.

(2.) The petitioner was initially appointed as a conductor in the State Transport Department, Punjab, in the year 1985, on the fateful evening of December 25,1989, at about 7 P.M. when was conducting a bus, party of militants stopped in and assaulted the passengers. Five passengers were killed and about fifteen were injured including the petitioner. The petitioner suffered 40% disability due to the injuries. In view of the physical disability of the petitioner, the respondents decided to adjust him as a booking clerk against a vacant post since he was unable to work as a conductor. (See Annexure P-14, dated 17.3.1993).

(3.) However, on January 18,1994 vide order (Annexure P-15) Divisional Manager, Feorzepue, respondent No. 3 informed the General Manager, respondent No. 4, that the petitioner was not to be given any financial benefit of the post of booking clerk as he was not posted as a clerk on promotion basis and that his pay was to be drawn in the pay scale of conductor. It is this communication which is sought to be challenged by the petitioner in this writ petition.