STATE OF PUNJAB AND ORS. Vs. KESAR SINGH

JUDGEMENT

(1.) THE present regular second appeal is directed against the concurrent finding of facts recorded by both the Courts below whereby the suit of the plaintiff -respondent (for short 'respondent') was decreed to the effect that he is entitled to annual increments for each completed years of service from the date he attained the age of fifty years.

(2.) THE respondent filed a suit for declaration to the effect that he is entitled to annual increments for each completed years of his service and directing the defendants -appellants (for short 'appellants') to release to the respondent his due annual increments from the date he has attained the age of 50 years and to pay the arrear thereof with interest @18% per annum from due date till its payment.

(3.) ON notice, the appellants appeared and filed a joint written statement and contested the suit on the ground of non -applicability of instructions because the Government of India's sponsored scheme for census of small scale Industrial Units, 148 Enumerators at a fixed salary of Rs. 1200/ - per month, but 107 Supervisors in the pay scale of Rs. 1500 -2640 were appoint in the department Industries for a short period till the completion of the census. On completion of the work, the services of these employees terminated w.e.f. 31.07.1990. These persons had no claim whatsoever for adjustment or re -deployment or of compensation, as per service rules of the State Government. However, taking into consideration requests of the employees rendered jobless, the State Government took a sympathetic view and issued instructions as per which the departments were to call these employees for interview and select as per suitability. This process was to continue till such employees were absorbed against the ministerial posts, technical posts and other class III post as per their qualifications. Respondent was appointed as Clerk in the pay scale of Rs. 950 -1800 vide letter dated 18.09.1992. The case of the respondent not covers the case of those appointed on compassionate grounds in the category of dependent member of the family of a killed person or of 100% physically disabled in terrorist action or by security forces acting in aid of civil power in the State or the dependent member of the family of deceased Government employee by dying in harness or to disabled ex -servicemen etc. The Government vide letter dated 31.01.2007 withdrew earlier instructions dated 27.08.1996 due to which also, respondent was not a regular employee of any Corporation or Board earlier, but he served for six months on a consolidated pay of Rs. 1200/ - per month and as per clause 8k of the appointment letter, respond was required to clear the Punjabi Typing Test within six months from the date of appointment, but he could not do so despite offering opportunities.