AKBAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Akbar joined service of the Punjab Water Supply & Sewerage Board at Ferozepur in July 1996. The employees of the Sewerage Board were transferred to Municipal Councils by a diktat of the State Government issued and given effect on Aug. 01, 2005. Akbar was one of those who were transferred to Municipal Council, Ferozepur City. The Council did not take work involving sewerage from Akbar as he possessed a valid licence for driving heavy vehicles and was thus put on duty from day one as a Driver since there was no incumbent driver in the Municipal Council. He was issued an identity card in Dec. 2005 designating him as a car driver.

(2.) In Aug. 2007 the Director, Local Government, Punjab issued a Memo to Regional Deputy Directors in various districts of Punjab suggesting that they should try and fill up vacancies of drivers from amongst the employees already working in the Municipal Councils who are otherwise eligible for direct recruitment as Drivers.

(3.) The events that make up the case are briefly this: Akbar applied in Sept. 2007 for appointment to the post. The Regional Deputy Director, Ferozepur wrote to the Executive Officer, Municipal Council, Ferozepur calling upon him to consider the case of Akbar for appointment as driver by relying on the executive instructions of the Punjab Government dated August 14, 2007 allowing such course to be adopted authorising employers to appoint eligible in service candidates against existing vacancies except those who are not age-barred and opt for being considered for the post. Akbar accepted the offer and he was assigned duties as Driver. Thereafter, he continued to serve as a driver. He has placed sufficient supporting evidence on record throughout the relevant period to show that he has worked as a de facto driver even serving on election duty by orders of the Administrator of the Municipal Council recorded in writing deputing him for election work as a Driver. Ultimately, the Director, Local Government, Punjab addressed a letter dated June 03, 2009 to the Executive Officer of the Municipal Council seeking clarification as to the status of the petitioner.