NARINDER NATH SUDAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Post-retirement, the petitioner was reverted from the post of Junior Engineer to the post of Pump Operator by the Controlling Authority i.e. respondent no.2, vide order dtd. 12/4/2022 (Annexure P- 18), on the ground that the diploma in Mechanical Engineering was obtained by him, while attending regular classes, that too, without obtaining leave from the department concerned.

(2.) Through the instant petition, under Article 226 of the Constitution of India, the aforesaid order has been challenged, primarily, on the ground that the post-retirement, there exists no relationship of master-servant between the the petitioner and respondents-department, therefore, the authority concerned does not vest with any power directing reversion of the petitioner to the post of Pump Operator.

(3.) Learned counsel for the petitioner, at the first instant, draws attention of this Court towards letter dtd. 29/5/2008 (Annexur P-3) to submit that the petitioner pursued higher studies in Mechanical Engineering Diploma, only after obtaining requisite permissions from the competent authority, and this material aspect has not been considered while passing the impugned order.