In the High Court of Punjab and Haryana, Chandigarh C.W.P. No. 10511 of 1989 Date of Decision: April 21, 2009 Kulbhushan and another …Petitioners Versus State of Punjab and another …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR Present: Mr. R.K. Chopra, Senior Advocate, with Ms. Deepasha, Advocate, for the petitioners. Ms. Sudeepti Sharma, DAG, Punjab, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for directing the respondents to consider and appoint the petitioners as Sanitary Inspector retrospectively with effect from the dates their juniors have been adjusted. The petitioners have claimed that they are eligible for adjustment in terms of the decision dated 25.2.1974 taken by the respondents (P-2). A further prayer has also C.W.P. No. 10511 of 1989 been made for grant of consequential benefits such as fixation of seniority as Sanitary Inspector and fixation of pay etc. 2. Brief facts of the case are that the petitioners were appointed as Family Planning Field Workers w.e.f. 27.1.1967 and 12.12.1967. A joint seniority and cadre at the State level in respect of the posts of Family Planning Field Workers and Sanitary Inspectors used to be maintained in the Health and Family Welfare Department, Punjab. The aforementioned posts were carrying the same scale of pay. The petitioners qualified the Sanitary Inspectors examination from the Sanitary Inspectors Training Institute, which was conducted by the Health Directorate, Punjab, Chandigarh, in the year 1965-66 and 1966-67 (P-1). 3. In 1973, the State of Punjab decided to segregate the cadres of Family Planning Field Workers and the Sanitary Inspectors at the State level. On 25.2.1974, a policy decision was taken in respect of those Family Planning Field Workers who were trained Sanitary Inspectors to the effect that their seniority be fixed amongst the Sanitary Inspectors and they should be adjusted as such on the availability of the posts of Sanitary Inspectors. Their seniority as Sanitary Inspector was to be determined on the basis of their length of service (P-2). In accordance with the aforesaid decision a fresh seniority list of Sanitary Inspectors was prepared. However, the names of the petitioners were not incorporated in the said seniority list. Subsequently, the respondents adjusted Family Planning Field Workers as Sanitary Inspectors from time to time who have qualified 2 C.W.P. No. 10511 of 1989 the Sanitary Inspector Examination. Two such orders dated 4.8.1973 and 10.4.1978 have been placed on record (P-3 & P-4). The petitioners have claimed that even their juniors were adjusted as Sanitary Inspectors on different dates but they were singled out. In para 11 of the petition, the petitioners also disclosed the names of seven persons, who are stated to be junior of the petitioners as Family Planning Field Worker and adjusted as Sanitary Inspectors. The petitioners also made representation (P-5). The petitioners have also asserted that the attempts of the respondents in filling up the posts of Sanitary Inspectors from time to time through Punjab Subordinate Services Selection Board as well as by the Departmental Selection Committee failed. On 11.2.1987, the petitioners were informed that their cases were under consideration (P-6). 4. The grievance of the petitioners is that initially the pay scale of the post of Family Planning Field Workers and that of Sanitary Inspectors was Rs. 120-250. However, upon revision of pay scales w.e.f. 1.1.1978, the Family Planning Field Workers were granted the pay scale of Rs. 400-660 whereas the Sanitary Inspectors were placed in the higher scale of Rs. 510-940. The aforementioned pay scales were further revised w.e.f. 1.1.1986 in view of the recommendations made by the Third Pay Commission. Furthermore, the nomenclature of the post of Sanitary Inspectors has been changed as ‘Multipurpose Supervisors’ and the Family Planning Field Workers have been re-designated as ‘Multipurpose Workers’. Thus, 3 C.W.P. No. 10511 of 1989 for all intents and purposes the post of Sanitary Inspector is a higher post and the petitioners are suffering at the hands of the respondents. 5. In the written statement the stand taken by the respondents is that after examining the whole service records and obtaining the advise of the Government, the petitioners were adjusted against the vacant posts of Sanitary Inspectors, vide Order No. E-7 (1)-Pb.-90/341, dated 29.1.1990. It has further been pointed out that Shri Kulbhushan-petitioner No. 1 was appointed as Family Planning Field Worker on ad hoc basis vide order dated 19.1.1967 whereas Shri Dharam Singh Grewal-petitioner No. 2 was appointed as such vide order dated 12.12.1967. They joined their duties on 19.1.1967 and 22.12.1967 respectively (R-1 & R-2). Their services were regularised as Family Planning Field Workers vide order dated 30.3.1968 and 5.3.1979 (R-3 & R-4). It has also been mentioned that the services of petitioner No. 1 were terminated vide order dated 27.11.1969 on the ground of un-satisfactory work in the Family Planning Programme (R-5). He then applied for the post of Health/Sanitary Inspector and was appointed as such on ad hoc basis for a period of six months. He joined his duties on 3.7.1972. Thereafter he was granted extension in service from time to time. Later on, as a consequence of bifurcation of the cadre of Family Planning Field Workers and Sanitary Inspectors/Health Inspectors, instead of terminating the services of petitioner No. 1, who was working on ad hoc basis, he was adjusted as Family Planning Field Worker vide order dated 20.8.1975 (R-7). The services of petitioner 4 C.W.P. No. 10511 of 1989 No. 1 were again terminated vide order dated 26.7.1976. The termination of petitioner No. 1 was later on withdrawn after considering his representation and taking a lenient view, vide order dated 7.6.1978 (R-9). Thereafter orders dated 11.6.1980 (R-10) and 22.6.1981 (R-11) in respect of withdrawal of termination order in the case of petitioner No. 1 were also passed. 6. It has also been stated in the written statement that Shri Dharam Singh Grewal-petitioner No. 2 could not be adjusted as Sanitary Inspector because he represented for the first time on 16.7.1980. Thereafter, considering the case of the petitioners, they were adjusted as Sanitary Inspectors w.e.f. 29.1.1990 (R-15). 7. Having heard learned counsel for the parties and perusing the record it becomes evident that petitioner No. 2-Dharam Singh Grewal has been subjected to hostile discrimination which is not sustainable. He was regularised vide order dated 5.3.1979 (R-4) with immediate effect on the post of Family Planning Field Worker. He qualified Sanitary Inspector Examination in 1967. The Department of Health framed a policy which is disclosed when provisional seniority list of some other cadres was issued. The relevant para of the letter dated 25.2.1974 (P-2) reads thus:- “ The Punjab Health Department has now adopted a policy that all those trained Sanitary Inspectors who are at present working as Family Planning Field Workers, their seniority shall be shown in the seniority list of Sanitary Inspectors and they shall be adjusted against the 5 C.W.P. No. 10511 of 1989 vacant posts of Sanitary Inspectors on the basis of seniority. Their seniority as Sanitary Inspectors, when they are appointed as Sanitary Inspector, will be counted from the date of their appointment as Family Planning Field Workers and not from the date of their appointment as S.I. Thus, their seniority as Sanitary Inspector may be shown on the basis of their original appointment.” 8. A perusal of the aforesaid para shows that all those Family Planning Field Workers who have been trained as Sanitary Inspector were to be shown in the seniority list of Sanitary Inspector but were to be adjusted later on as and when vacant post of Sanitary Inspector was to become available. The aforesaid fact has not been denied by the official respondents in their written statement. In para 7 of the written statement it has been candidly stated as under:- “……all those Family Planning Field Workers who were trained as Sanitary Inspectors were adjusted as Sanitary Inspectors, according to the seniority of Family Planning Field Workers as and when the posts of Sanitary Inspectors fallen vacant. Plaintiff No. 1 Shri Kulbhushan was not adjusted as Sanitary Inspector because he was working on adhoc basis as Family Planning Field worker and he was not on the seniority list of Family Planning Field Workers. So far as, Plaintiff No. 2 Shri Dharam Singh is concerned, he never represented before 1980 that his junior were adjusted as 6 C.W.P. No. 10511 of 1989 Sanitary Inspectors and his name has been left by the Department to be adjusted as Sanitary Inspector. ……” 9. As far as petitioner No. 2 is concerned the Department has admitted that he was left out mistakenly. The question then is why he should suffer? His rights vis-à-vis those of his juniors have to be granted to him. He has been granted promotion vide order dated 29.1.1990 with immediate effect (R-4) but he deserves to be granted the relief with effect from the date persons junior to him as Family Planning Field Workers were adjusted as Sanitary Inspector. The petitioners have pointed out in para 8 of the petition that such persons were adjusted vide orders dated 4.8.1973 and 10.4.1978 (P-3 & P-4). 10. The claim of petitioner No. 1 is also meritorious. His services were terminated vide order dated 27.11.1969 (R-5). He has already passed Sanitary Inspector Examination in 1965-66. Thereafter he was again appointed in Family Planning Programme for a period of six months and he joined his duties on 3.7.1972. He was adjusted as Family Planning Field Worker vide order dated 20.8.1975 (R-7) when cadre was bifurcated. His services were again terminated on 26.7.1976. But that order was withdrawn vide order dated 7.6.1978 (R-9) and he was reinstated in service vide order dated 11.6.1980 (R-10 & R-11). His services were also regularised. Accordingly, he would also be entitled to all the benefits with retrospective date as and when persons junior to him were considered and adjusted as Sanitary Inspector. 7 C.W.P. No. 10511 of 1989 11. As a sequel to the above discussion this petition succeeds. Both the petitioners are held entitled to adjustment as Sanitary Inspector with effect from the date persons junior to them have been adjusted with all consequential benefits including fixation of their pay. However, the arrears of pay and other financial benefits shall be given to them for a period of three years two months preceding the date of filing of this petition which is 1.7.1989. The needful shall be done within a period of two months from the date of receipt of a copy of this order. 12. The writ petition stands disposed of in the above terms. (M.M. KUMAR) April 21, 2009 JUDGE Pkapoor 8