ASHOK KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Panchayat Samiti, Hajipur sent a proposal to State Government to fill up one post of Clerk lying vacant in its office. On special grounds approval was accorded vide letter dated June 22, 1995 issued by the Government of Punjab in the Department of Rural Development & Panchayats granting permission on the condition that the recommended person is duly qualified for the post of Clerk and in case, he is found eligible, action be taken at the level of the Panchayat Samiti keeping in view the Punjab Government instructions dated May 05, 1995. On the strength of this letter, the petitioner Ashok Kumar was appointed as a Clerk against a vacant post in the pay-scale of Rs.950-1800 with initial pay of Rs.1,000/-.

(2.) Later on, the Executive Officer, Panchayat Samiti, Hajipur received a memo from the Government dated January 02, 1996 on review of the case, intimating the Samiti that according to the Punjab Panchayat Samitis and Zila Parishads Services Rules, 1965 ("1965 Rules") the minimum qualification required for Clerks is Matric. No relaxation was permissible in educational qualifications. The Zila Parishad, Hoshiarpur was informed of the request initiated by the Samiti for regularizing the services of Ashok Kumar as Clerk that his case is not covered by the instructions dated January 18, 1995 issued by the Government. The request for regularizing the services of the petitioner was refused. However, twenty days after the communication of the letter from the Government, the Deputy Chief Executive Officer, Zila Parishad, Hoshiarpur drew up a final seniority list of Clerks in which the name of the petitioner was mentioned at Sr. No.24 with date of regularization reckoned from the date of joining service for the first time on 89 days basis. On April 16, 1998 the Government again advised the Panchayat Samiti, Hajipur making its meaning rather plain that employees working on 89 days basis could not be regularized in service. But the Samiti persisted otherwise in apparent defiance of the mandate of the Government to dispense with the services of all those who were employed on system of 89 days. It may be recorded that in between the contractual employment offered on 89 days basis a break of one day was made in the case of the petitioner-Ashok Kumar. However, the services of the petitioner were extended from March 18, 1999 to June 14, 1999 again on 89 days basis though he was kept in the pipe line to be made regulariz, which meant the decision was kept in abeyance or at least that was the effect without saying so. The Samiti still persisted in retaining the petitioner though he was not qualified to hold the post of Clerk.

(3.) Meanwhile, the Government of Punjab granted sanction for constituting Selection Committees to fill up vacant posts under the 1965 Rules. These posts could be filled up by calling suitable candidates from the Employment Exchange or by public advertisement in regional newspapers after seeking prior permission of the Government and proposals were called from the respective Samitis/Parishads in the State.