GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) The plaintiff, an ex-serviceman, was appointed as a Clerk in the grade of Rs.110-250 plus usual allowances by the Deputy Commissioner, Sangrur, as recommended by the Employment Exchange on ad hoc basis vide office order dated 16.11.1972. He continued in service upto 3.8.1978 and his service was extended from time to time with only notional breaks. The plaintiff's services were terminated vide order dated 3.8.1978 which led to the filing to the present suit to the effect that the impugned order dated 3.8.1978 is illegal, void and not binding upon the plaintiff and that he continues to be a regular Clerk in the office of Deputy Commissioner, Sangrur, with a further prayer that he is entitled to all the pay, allowances including increments and other benefits accruing to him.

(3.) The defendant-State of Punjab contested the suit. It was admitted that the plaintiff was appointed as a Clerk on ad hoc basis and was eligible for being regularised in accordance with the terms and conditions laid down in the Presidential Order dated 3.5.1977 but it was maintained that his services could not be regularised as his conduct was not found to be satisfactory as per report of the S.D.O. (Civil) Sunam dated 21.7.1978. Deputy Commissioner, Sangrur, on the basis of the report of the S.D.O. (Civil) Sunam terminated the services of the plaintiff vide order dated 3.8.1978. It was denied that the impugned order suffers from any of the illegality of infirmity as set up by the plaintiff. Other objections as to the notice u/s 80 of the Code of Civil Procedure being not valid; suit not maintainable in the present form and that the same was barred by limitation were taken. In addition thereto, it was stated that the plaintiff earlier filed a civil writ petition No.3553 of 1979 which was dismissed in limine on 5.11.1980.