RAJBIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner was appointed as Junior Field Investigator/Supervisor under the scheme sponsored by the Govt. of India known as Census of Small Scale Industrial Units under the aegis of Industries Department, State of Punjab. Upon abolition of the scheme services of the petitioner were retrenched on 31.7.1990. A policy decision was taken by the State of Punjab to adjust all the staff, who were retrenched from the Census Scheme of the Industries Department keeping in view the qualifications possessed by them. However, the petitioner was not adjusted and faced with such a situation petitioner applied for the post of J.B.T Teacher which had been advertised by the Punjab State Education Department. Petitioner was selected and appointed as J.B.T Teacher vide memo dated 11.3.1991 (Annexure P-2). Petitioner, thereafter, filed CWP no.9217 of 1993 seeking directions that he be absorbed as Math Master on the basis of his qualifications possessed i.e. B.A. B.Ed. CWP No.9217 of 1993 was disposed of in terms of directions having been issued to absorb the petitioner on a suitable post commensurate to the qualifications that he possessed. Accordingly, petitioner was appointed as a Math Master on 26.6.1995 in the pay scale of Rs. 1650-2925. Subsequently, on the basis of seniority in the cadre of Masters, petitioner was promoted as Lecturer vide order dated 16.5.2005.

(2.) Instant petition has been filed seeking the issuance of a Writ of Mandamus directing the respondent-State to grant to the petitioner the deemed date of appointment as Lecturer w.e.f. 31.8.1994 i.e. the date petitioner acquired the qualifications of M.A. B.Ed.

(3.) The entire case set up on behalf of the petitioner is that certain other employees who were also retrenched along with the petitioner had filed writ petitions in this Court seeking directions to the authorities to adjust them on suitable posts commensurate to the qualifications possessed. The instance of one Satnam Singh who was working as a Supervisor under the same very scheme under the Industries Department, has been cited. It is contended that Satnam Singh filed CWP No.1170 of 1998 which was allowed on 16.4.1998 with a direction to the respondents to consider his claim for absorption on a suitable post as per qualifications possessed by him. Satnam Singh, who had earlier been adjusted as an S.S. Master on 24.12.1991, accordingly, was offered the post of Senior Assistant carrying the pay scale of Rs. 1800-3200. Such employee then preferred CWP No.19934 of 2001 raising a claim that he ought to have been absorbed as Lecturer in school cadre in the light of the qualifications of B.A B.Ed that he possessed and further raising a plea that the post of Lecturer in school cadre was carrying the same pay scale as the post of Senior Assistant. Even such writ petition was allowed vide judgement dated 29.2.2012, passed by a Coordinate Bench of this Court at Annexure P-8 and the respondents were directed to adjust the petitioner therein i.e. Satnam Singh as Lecturer (school cadre) from the date he had acquired the requisite qualifications.