Punjab-Haryana High Court
Chamkaur Singh vs State Of Punjab And Ors on 30 September, 2014
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.15248 of 2013 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.15248 of 2013 (O&M)
Date of Decision: 30.09.2014
Chamkaur Singh
..... Petitioner
Versus
State of Punjab and others ..... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Anish Batra, Advocate,
for the petitioner.
Ms. Monica Chhibber Sharma, DAG, Punjab.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.(Oral)
The policy by which the essential qualification for the post of Clerk (Group-C) was notified on February 10, 2009 by the Department of Personnel, Government of Punjab, the minimum qualifications for the post of Clerk were increased to Bachelor of Arts with a ceritificate of knowledge of computer earned from Government recognized institutions or a reputed institution which is ISO 9001 certified, came to apply for recruitment to the the post.
The petitioner is a victim of terrorism in Punjab for which class special policies were floated for rehabilitation of families afflicted by acts of terrorism. The Government called applications from amongst the families of terrorist victims to make selection on the post of Clerk (Group-C) in which MANJU 2014.10.01 15:03 I attest to the accuracy and authenticity of this document Chandigarh CWP No.15248 of 2013 (O&M) -2- selection process the petitioner remained successful and his name was duly recommended for appointment to the Department of Food & Supplies, Punjab. However, the Department sat back on the file for over 10 months till they were reminded by the office of respondent No.3, the Deputy Commissioner of the District cum Chairperson of the Selection Committee not to further delay the matter and offer appointment, that Government was seized of the grievance of the petitioner. But when the appointment order came, the petitioner discovered to his horror that he has been offered the lower post of Peon against the recruitment process for filling up nine posts of Clerks (Group-C). The Selection Committee met on October 08, 2008 and made recommendations on October 10, 2008 to the Government for appointment of nine candidates including the petitioner in 2008 itself. Therefore, the right to appointment had matured long before the notification dated February 10, 2009 was promulgated introducing higher qualifications for the post of Clerk (Group-C).
It is the contention of the learned counsel for the petitioner that the notification enhanceing qualifications beyond those possessed by the petitioner cannot be applied retrospectively so as to take away accrued and vested rights which had crystalized in 2008 when recommendations were made for appointment. Therefore, it was neither fair nor proper for the Government to have offered the lower post of Peon for which selection was not made. If this is breached it would also unsettle service law principles that appointments can be confined only to posts advertised and not be substituted later by other posts for which applications were not called. If this is allowed to be done it would take away other peoples' right for MANJU 2014.10.01 15:03 I attest to the accuracy and authenticity of this document Chandigarh CWP No.15248 of 2013 (O&M) -3- appointment against the lower post of Peon protected by the equal opportunity clause in Article 16 of the Constitution.
Ms. Monica Chhibber Sharma, DAG, Punjab is at pains to urge that the notification should be made to apply retroactively. The submission has little merit. On the face of the notification it is apparently prospective because it says that it will take effect immediately, i.e. from the date of the notification. Therefore, ex facie the order offering appointment to the petitioner on the lower class IV post of Peon is legally bad and cannot be sustained.
For the foregoing reasons, this petition is accepted and the impugned order dated December 14, 2009 (P-6) is quashed by issuing a writ of certiorari. Resultantly, a mandamus is issued to the respondent State directing it to appoint the petitioner to the post of Clerk (Group-C) retrospectively with all consequential benefits.
Let this order be complied with forthwith.
(RAJIV NARAIN RAINA) JUDGE 30.09.2014 manju MANJU 2014.10.01 15:03 I attest to the accuracy and authenticity of this document Chandigarh