RAKESH SABHERWAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is a graduate and he was appointed as a Clerk in the Court of District and Sessions Judge, Faridkot, with effect from July 11, 1989. He continued working as such upto February 29, 1992 when he was declared surplus on abolition of a Court. Subsequently, he was reinstated in service on June 11, 1992 and continued working as such. As averred, upon reinstatement he had been granted the benefit of earlier service rendered by him with effect from 18.7.1989, vide order dated March 26, 1993.

(2.) It has been further averred that the State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as "the Commission"), had sent a requisition to the District and Sessions Judge, Faridkot, that the Clerks already working in the Court of District and Sessions Judge, Faridkot, may apply for their selection and appointment as Clerks with the President, District Consumer Disputes Redressal Forum, Moga (hereinafter referred to as the "District Consumer Forum"). Pursuant thereto, the petitioner along with others applied accordingly through proper channel. He along with others were called for interview and that the petitioner was selected for appointment as a Clerk-cum-typist and that the order of appointment dated October 16, 1996, along with three others with District Consumer Forum, Moga, had been issued upon the terms and conditions spelt out therein. Under term No. 1, it has been stated that the appointments are against temporary posts and incumbent would retain their lien against their substantive posts in their parent department. It is contained in the second condition that the incumbent would be relieved of their present posts as per directions to be given by the District and Sessions Judge, Faridkot, would assume the charge of Bench clerk, L.D.Cs. and typists respectively in District Consumer Forum, Moga, as early as possible.

(3.) Pursuant to the above, the petitioner joined his duty in the post of Clerk-cum-typist with District Forum, Moga on October 25, 1996. He was transferred from District Forum Moga to District Forum, Kapurthala vide order dated May 9, 1997 and he joined the duty at the aforestated place on 12.6.1997. By virtue of the notification dated May 28, 1997, the rules called the Punjab Civil Services (First Amendment) Rules, Volume-I, Part-I, 1997, had been amended. It had been provided that in the case of a temporary government employee who is appointed by direct recruitment or by transfer in another department or in a different cadre in the same department, he shall not be allowed to retain any lien on the post held prior to his new appointment, after the expiry of a period of two years from the date of his joining the new post. Copy of the notification has been appended as Annexure P5.