JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The plaintiff, who is a permanent servant of the Punjab State, filed a suit on the 21st of February, 1963, against the State of Punjab praying that a decree for declaration may be passed in his favour to the effect that the order dated nil of the Punjab Governemnt endoresed to him vide endorsement No. 21565-PH/EI, dated the 29th of August, 1962, from the Chief Engineer, Public Health Branch, P.W.D., Patiala, reverting and reducing him to the post and rank of Assistant Engineer and posting him as Assistant Research Officer from the post and rank of Executive Engineer is illegal, unconstitutional, ultra vires, without jurisdiction, mala fide, null and void, against the principles of natural justice and service rules, ineffective, inoperative and not binding on him and he continues to hold the post of Executive Engineer with effect from the 20th of August, 1962, and is entitled to all the rights, benefits, privileges and emoluments of the post of Executive Engineer with effect from the 20th of August, 1962, in the Public Health Branch, P.W.D., Punjab. This suit was decreed by Mohinder Kumar Bansal, Sub-Judge III Class, Patiala (C) on the 30th of May, 1964. The defendant filed an appeal against the decree in the Court of the District Judge, Patiala, which was accepted on the 18th of November, 1964, and the plaintiff's suit was dismissed with costs throughout. Feeling aggrieved from that decree the plaintiff has filed the present appeal in this Court.

(2.) According to the allegations in the plaint the plaintiff is a permanent servant of the Punjab State having a service of 26-1/2 years in Public Health Brnach on the date of suit. He was appointed as officiating Sub-Divisional Officer, P.W.D., in Pepsu on the 24th of November, 1955. Thereafter he appeared in the open competition before the Pepsu Public Service Commission on the 24th of January, 1956, and topped the merit list of 10 persons selected for 10 posts of temporary Assistant Engineers as per letter dated the 25th January, 1956, from the Chairman Public Service Commission, Pepsu, Patiala to the Government. Accordingly the plaintiff was offered appointment by the Pepsu Government as temporary Assistant Enginner by letter dated the 13th of February, 1956. After the merger of Pepsu and Punjab on the 1st of November, 1956, the plaintiff continued to serve as temporary Assistant Engineer in the new State of Punjab upto the end of December, 1958, and during this period the plaintiff performed his duties most efficiently, diligently and to the complete satisfaction of his higher authorities. He was approved by the Punjab State to proceed to U.S.A. for post-graduate studies in Public Health Engineering in 1959, and he was relieved from his duties on the 1st January, 1959. During his stay in U.S.A. the plaintiff qualified as Master of Science in Public Health Engineering (the highest qualifications) from the State University of Minnesota at his own expense and secured distinction. The plaintiff returned from the United States in March, 1961, and by order dated the 4th of April, 1961, (Exhibit P. 15) he was approved for being appointed as Executive Engineer on provincial basis in the scale of Rs. 625-40-1025/50-1275 pending final decision by the Punjab Public Service Commission and his services were placed at the dispoal of the General Manager and Secretary to Government, Punjab, Beas Project for appointment as Executive Engineer with immediate effect in the interest of Public Service. In pursuance of this order the plaintfiff reported for duty on the 6th of April, 1961, (Exhibit P. 16). He was, recommended for this post by the Chief Engineer, Punjab, P.W.D. Public Health Branch by his letter dated the 21st March, 1961 (Exhibit P. 44).

(3.) The Public Health Division for Beas Project at Talwara was created in August, 1961, and some of the field staff deputed to work under the plaintiff was found by him to be quite incapable, inefficient and untrustworthy about whom the plaintiff informed the higher authorities through several letters and personal contacts. He also requested the higher officers several times to transfer those members of the staff as they retarded the proper day-to-day working at the Project, but no action for their transfer was taken by the higher officers. In spite of the skeleton staff and various hurdles placed in his way, the plaintiff states that he managed "outstanding achievements" in all Engineering Public Health activities viz.