SURINDER PAL SINGH Vs. D S BAINS

JUDGEMENT

(1.) The petitioners, along with one Narender Pal Singh, filed CWP No. 13471 of 1998 seeking a direction to the Punjab Public Service Commission to recommend their names for appointment as Veterinary Officers against the posts reserved for the Scheduled Castes and Scheduled Tribes of the Punjab State. Their writ petition was allowed by this Court on April 5, 1999 in the following terms: On the basis of above discussion, we hold that the decision of the Commission not to recommend the names of the petitioners, is legally unsustainable. Consequently, the writ petition is allowed. The respondent-Commission is directed to forward the names of the petitioners and other eligible candidates of Scheduled Castes (General) who have not been adjudged unsuitable to the Government for appointment against the vacant posts of Scheduled Castes (General as well as Balmikis/Mazhbi Sikhs). This shall be done by the Commission within 30 days of the receipt of certified copy of this order. Within next 30 days, the Government shall appoint the candidates recommended by the Commission subject to their being found suitable in other respects.

(2.) It appears that the petitioners did not get appointments in terms of the above stated judgment, therefore, they filed another writ petition bearing No. 6404 of 2005, which was disposed of on May 3, 2005 in the following terms: Learned Counsel for the respondents, on instructions from Mr. Harsh Kumar, Superintendent, Office of the Secretary, Animal Husbandry Department, Punjab states that the judgment rendered by this Court in Narinder Pal Singh and Ors. v. State of Punjab and Ors. (Civil Writ Petition No. 13471 of 1998, decided on 5.4.1999) will be implemented in letter and spirit within one month, by which time, all consequential benefits shall be released to the petitioners.

(3.) In compliance to the above stated orders and the stand taken before this Court, the respondents have passed an order dated 13/20 October, 2005 (annexure P-3) whereby their claim for retrospective appointment as Veterinary Officer from 12 October, 1998, i.e., the date on which the junior -most candidate in the reserved category of Scheduled Castes was appointed, has been accepted. They have also been granted the consequential benefits except "the arrears of pay" on the plea of "no work, no pay".