ASHOK KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The appellant questions the judgment of the learned Single Judge dated 17.9.2015. To briefly note the facts he was appointed as a Clerk in the year 1995. Rules of 1965 which were prevalent envisaged that for a post belonging to a clerical cadre a person is to be a matriculate if he was to be considered for direct recruitment to the post.

(2.) Learned Single Judge has mis-read the Appendix A by observing as follows:-

(3.) However, we cannot persuade ourselves to disagree with the findings recorded by the learned Single Judge that appointment of the appellant was a back door entry and not in accordance with the recognised mode of public appointment, thereby, dis-entitling him to the benefit of reentry into service or regularisation in terms of Uma Devi's case as also the subsequent judgment in Maharashtra State Road Transport Corporation & Anr. Vs. Casteribe Rajya Parivahan Karmchari Sanghatana reported as 2009(3) S.C.T. 39 : (2009) 8 SCC 556