PUNJAB STATE ELECTRICITY BOARD Vs. KULBIR SINGH

JUDGEMENT

(1.) Punjab State Electricity Board, Patiala (for short 'the Board') defendant in the trial Court, has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 30.10.1992 passed by the Court of Additional District Judge, Sangrur, who set aside the judgment and decree dated 15.2.1990 passed by the Court of Senior Sub Judge, Sangrur and granted a decree for mandatory injunction in favour of the plaintiff-respondent Kulbir Singh, as prayed for.

(2.) The brief facts of the case are that Kulbir Singh filed a suit for mandatory injunction against the Board and its Superintending Engineer, seeking directions that the defendants be directed to count the ad hoc service rendered by him as Lineman for the purpose of seniority with effect from 23.9.1976 and the case set up by the plaintiff is that minimum qualification required for the post of Lineman as per rules and regulations of the Board is Matriculation and he fulfils the qualification. He joined the service with effect from 23.9.1976. There was no break in his service except on 23.12.1976. With effect from 24.12.1976 he was considered on ad hoc basis and thereafter there was no notional break.

(3.) The plaintiff was to be considered by the appointing authority for regularisation as per decision and policy of the Board. The work and conduct of the plaintiff was quite satisfactory and against the regular vacancy, which was occupied by the plaintiff with effect from 23.9.1976, he is entitled to the seniority right from the date of his initial appointment by taking the benefit of ad hoc service. The plaintiff avers that he was selected as Lineman by the Board on application, subsequently by the Selection Committee and was offered the post of Lineman on 6.3.1980, but for the purpose of seniority his service with effect from 23.9.1976 to 5.3.1980 is not being counted and that he is being deprived of the service benefits from the date of his initial appointment. The plaintiff further states that his ad hoc service, which is followed by regular service without any break, is to be counted for the purpose of seniority and he is entitled to be regularised with effect from 23.9.1976. Since the Board has failed to perform his legal duties and the plaintiff has been discriminated as one Shri Surinder Kumar, Lineman, has been made regular which effect 1.4.1978, but such benefits have been deprived to the plaintiff. Hence the Suit.