PREM CHAND KUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Heard learned counsels for the respective parties. In the instant petition, the petitioners have prayed for the following reliefs:-

(2.) The petitioner was appointed as Peon on 9/6/2007. His services were terminated on 11/6/2011. The petitioner had the benefit of interim order and continued to hold the post of Peon for these many years. The reasons for termination is that the petitioner is more qualified than the prescribed qualification for the post of Peon. The prescribed qualification is pass in 12thstandard or its equivalent with basic reading/writing knowledge of English whereas petitioner was a graduate as on the date of his initial ap- pointment to the post of Peon on 9/6/2009.

(3.) Perusal of the HRD Divisional Circular No. 25/2008 dtd. 6/11/2008, it is evident that prescribed qualification is pass in 12thstandard or its equivalent with the basic reading/writing knowledge of English. However, it is to be noted that there is no bar in submission of application or participating in the process of recruitment to the post of Peon if a candidate is a graduate. In the light of these facts and circumstances, the peti- tioner has made out a Prime facie case. Accordingly, the order of termination dtd. 11/6/2011 (Annexure-5) stands set aside. If the petitioner is otherwise eligible for any service benefits including monetary benefits during the intervening period from the date of termination till date, the same shall be examined by the competent officer/respondent. Such benefit shall be extended in accordance with law within a period of three months from the date of receipt of this order.