STATE OF PUNJAB Vs. KASHMIR SINGH VIRK

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the State of Punjab against the judgment and decree dated 5.9.1990, passed by the learned Additional District Judge, Patiala, vide which he accepted the appeal filed by the plaintiff-respondent, by decreeing his suit and setting aside the judgment and decree dated 12.9.1989 passed by learned Sub-Judge, Ist Class, Patiala.

(2.) The relevant facts for disposal of this appeal are that the plaintiff-respondent, Kashmir Singh Virk, was appointed on ad hoc basis as Clerk on 20.10.1970. However, his services were terminated vide order dated 1.4.1975 by the Director, Department Archives, Punjab, Chandigarh. He challenged the said order by filing a suit for declaration to the effect that his termination order dated 1.4.1975 be set aside, being illegal, arbitrary, null and void. In the said suit, he pleaded that his services were continuous with notional breaks. Even two juniors of the plaintiff-respondents had been retained in service. He further pleaded that as per the policy of the Government, his service may be regularised.

(3.) The suit was contested by respondent No. 2, who raised various preliminary objections, including that suit is not maintainable and barred by time. It was also pleaded that the plaintiff-respondent was not attending his duties and kept on leaving the office without prior permission. Even as per the policy of the Government, he is not entitled to be regularised as he did not fulfil the condition of age for the appointment on the said post, which, at that time, was 25 years and the plaintiff was found over-age by 4 months and 9 days as his date of birth, as per matriculation certificate, was 13.6.1945. On the pleading of the parties various issues were framed.