PARVEEN AKHTAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Through the instant writ petition the petitioner seeks a direction to the respondents to allow her to join the duties as per the directions of Hon'ble Supreme Court in Civil Appeal Nos. 5584-5585 of 1999 (Paramjit Kaur and others v. State of Punjab and others), decided on 7.11.2000 (Annexure P-3) and for quashing of order dated 29.11.2005 (Annexure P-8) passed by Director Health Services and Family Welfare, Punjab, respondent No. 2 refusing to permit her to join her duties on the post of Multi Purpose Health Workers (Female). She was selected again 150 posts advertised for Multi Purpose Health Workers (Female) in the year 1992. She had completed the formalities regarding production of medical fitness certificate as well as statements of declaration, copies of which have been attached as Annexures P-1 and P-2.

(2.) The facts relevant for adjudication of this writ petition in the matter of appointment of 150 posts of Multi Purpose Health Workers (Female) advertised in the year 1992 are that the petitioner was one of the selected candidates on the basis of her academic qualification and merit. The petitioner's name existed in the list of 150 candidates, who were given appointments on selection by the Subordinate Services Selection Board, Punjab. The respondents had also selected additional 632 candidates resulting in lot of litigation. But ultimately the matter was finally settled by order dated 7.11.2000 passed by Hon'ble Supreme Court in SLP No. 5584-5585 of 1999 (Annexure P-3). The petitioner was ordered to be appointed as Multi Purpose Health Worker (Female). As per directions of the Apex Court the petitioner was issued appointment letter dated 10.1.2001 (Annexure P-4). She was required to submit her joining report within 21 days at her place of posting. She claims that she had submitted her joining report at Primary Health Centre, Harpal Pur within the prescribed period. However, she could not join the duty as her husband was ill and because of that reason, she could not submit her medical fitness certificate. She was not allowed to join in the absence of medical certificate. She was to be medically examined by the Civil Surgeon concerned but she had already submitted her medical fitness certificate at the time of her first entry in the service when she continued in service for 8 months. Therefore, she submitted a representation dated 12.4.2002 (Annexure P-5) to the Health Minister, Punjab requesting that she should be allowed to join her duties as her husband was seriously ill and was being looked after by her. She submitted that she was not able to join her duty as her husband ultimately died on 23.6.2001. After getting her husband's death certificate she had gone to join her duty but was not allowed to join. It was further stated in the representation that after the death of her husband she was turned out of the house by her father-in-law and that her father had already died. Request in the said representation has been made for permission to allow her to join the service. Thereafter, the Director Health Services & Family Welfare, Punjab wrote a letter dated 7.6.2002 (Annexure P-6) to the Principal Secretary, to Government of Punjab, Health and Family Welfare Department and forwarded the copies of the representations of the petitioner with a request for permitting her to join the duties as due to the death of her husband she could not join. As no action was taken, she submitted another representation dated 28.10.2002 (Annexure P-7) to respondent No. 2 regarding giving her permission to join the duties. In response to her representation, a letter dated 29.11.2005 issued vide endorsement dated 23.12.2005 (Annexure P-8) was received by the petitioner wherein it was mentioned that she was appointed on the post of Multi Purpose Health Worker (F) vide appointment letter dated 20.1.2001 and she was required to join her duties within 21 days. She did not make any request to any authority for extending her joining period. Apart from this a ban had been imposed by the Government on the recruitments and all the vacant posts are likely to be abolished. In view said facts, the petitioner would not be allowed to join her duties on the post of Multi Purpose Health Worker (F).

(3.) The petitioner has sought a writ in the nature of certiorari for quashing order dated 29.11.2005 (Annexure P-8) on the ground that she had in fact submitted her joining report within the prescribed period of 21 days but could not join her duties as her husband was seriously ill before his death on 23.6.2003; she was within the zone of 150 candidates, therefore, she should have been allowed to continue in service as appointed initially in accordance with her original selection and that the ban on recruitment subsequent to the appointment order cannot be made applicable to her case.