LAWS(P&H)-2015-4-17

KARPAL SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On April 01, 2015
Karpal Singh Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order dated 24.6.2011 (Annexure P -15) declining his claim for regularization, to direct respondents No. 1 to 3 to absorb the petitioner from the date the other employees were absorbed, to issue him the appointment letter considering him eligible on the basis of his initial appointment as the minimum educational qualification was not prescribed at that time.

(2.) IN short, the petitioner has been working as a Chowkidar -cum -Mali in the Kanya High School, Khanauri Mandi, District Sangrur [for short 'the School'] w.e.f. 1.8.1988 and is 7th Class pass. The Government took over the school on 15.5.2000 with its eligible staff on certain conditions, in which one of the conditions was that the staff posted in this school shall be adjusted, who would fulfill the educational qualification. According to the respondents, the minimum qualification for Class IV post has been fixed as 8th Class pass and since the petitioner had studied only upto 7th Class and was being paid salary out of P.T.A fund, therefore, the case for his absorption was declined.

(3.) ON the other hand learned counsel for the respondents has submitted that the school was taken over with certain conditions which are reproduced as under: -