ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Dr. Ashok Kumar had joined as medical officer in the Directorate of Health and Family Welfare, Punjab, on 5.7.1978 and his services were regularised with effect from 3.8.1983. The petitioner appeared in the entrance test examination held for M.D./M.S. Courses under 60% quota reserved for in-service medical officers, in the Medical College, Amritsar. The petitioner was selected and granted admission to M.D. (Pathology) Course. The admission of the petitioner was subject to the production of the No Objection Certificate from its employer. The Director, Health and Family Welfare, Punjab, issued no objection certificate on 5.9.1991 and the issuance of the no objection certificate was subject to the condition that the controlling authority was to verify that an officer is relieved subject to fulfillment of the conditions. In furtherance to this no objection certificate the petitioner was called upon - and he furnished a bond in the prescribed performa issued by the Government on 16.9.1991 alongwith an affidavit of the sureties of the same date. Consequently, the petitioner was relieved who joined this course of M.D. (Pathology) at Medical College, Amritsar.

(2.) The petitioner completed his course but was not paid full pay and allowances for the entire period of the Course i.e. 3 years on the ground that he had availed of such benefit earlier in a diploma course. This compelled the petitioner to file the present writ petition praying for issuance of directions to the respondents for payment of full pay and allowances for the complete course without any direction.

(3.) The petitioner based his claim, amongst others, on the ground that a Division Bench of this Court had granted similar relief to the petitioner in Civil Writ Petition No. 6783 of 1992 titled as Dr. Jaswant Singh Bhinder v. State of Punjab, decided on 31.3.1994. In the case of Dr. Bhupinder Singh v. The State of Punjab, Civil Writ Petition No. 16378 of 1992 decided on 31.5.1994, Ajit Singh v. State of Punjab and Ors., Civil Writ Petition No. 15262 of 1992 decided on 8.4.1993 other Benches of this Court had also granted identical reliefs to the petitioner as granted in the case of Dr. Jaswant Singh (supra).