Il 1 86 1 1 Reqular Second Apoeal N2523 of 2001 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision February Il 2011 1 Reqular Second Appeal Noe2523 of 2001 C 0 0 State of Punjab and another lppellants C5 I Versus Z Surt Singh Respondent I CORAM HONBLE MRUSTICE MOHINDER Z PAL Cn 1 Whether Reporters of Iocal papers may be allowed to see m the judgment7 Z2 To be referred to the Reportersor not 3 Whether the judgmentshould be reportedin the Digest7 rl Present1 Ms Ambika Luthra Assistant Advocate General Punjab for the appeilants Mr Gurcharan Dass Advocate for the respondent MOHINDER PAL Je SurjitSingh was appointed as a Peon in the Irrigation Department Head Office on 121963 After reorganizationof the States the plaintiffrespondent was allocated to Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 87 2 Retlular Second Aopeal Noe2523 of 2001 the State of Punjab His services were placed at the disposal of Bhakra Beas Management Board lereinafter referred to as the Board against the quota mea nt therein Board for the employees of Punjab The plaintifrespondent passed his Matriculation examination in 1970 and became eligible to the post of Clerk On 1 191 1970 he was promotedas Clerk by the ChiefEngineer of the Board and the Registrarof his olaintiHsJparent department iee Irrigation 0 0 DepartmentPunjab was informed about the promotionof the plaintiff to the post of Clerk vide Ietter dated 231971 A number of Classa t5 IV empioyees Iike Sadhu Singh Kuiwant Singh Piar Singhand Kewal Krishan etc who were Junior to the plaintiff in the Cadre in the Z IrrigationDepartmentPunjab were made reguiar from retrospective 0 effect ie with effect from l 1973 by orders of competent authorityof I the IrrigationDepartment Punjab vide Ietter dated 121987 However despiterepresentation of the plaintiff he was regularizedon the post of Clerk with effect from l21985 ie the date when he CO acquired the qualificationof Punjabiupto Matric standard and not n7 Z from 19 1970 ie the date when he was promoted as Clerk by the CL Chief Engineerof the Board This compeiled the plaintifespondent to file the instant suit for declaration Which was decreed by the trial Court vide judgment and decree dated 25 7 1995 and the piaintiff was held entitled to regularization with effect from 11973 ie the date when his juniors were regularized The plaintiffwas further held entitled to be considered for promotion as Senior Cierk with effect from 11978 and as Assistant with effect from 30121981 along with all consequentialbenefits and the defendantsopellantswere directed to grant the consequential relief along with interest at the rate of 12 Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 88 3 Reqular Second ADoeal Noe2523 of 2001 percent per annum on theamount which is found due from thedate it actually became due tiil payment Both the plaintiffand the defendants went in appeals against the ludgment and decree passed by the trial Court the plaintiff claiminginterest on the consequentiai benefits at the rate of 18 per cent per annum instead of 12 per cent per annum awarded by the trial Court and the respondents claiming Q reversal of the judgment and decree passed by the trial Court 0 wherebysuit of the plaintiff was decreed to the extent indicated above 0 The Court Vide lUd9mentand decree dated 272001 t5 dismissed both the appeals preferred by the plaintiff and defendants I thereby upholdingthe judgment and decree dated 2571995 passed Z by the trial Court Hence this second appeal by the defendants L appeliantSe I I have heard Ms Ambika Luthra Assistant Advocate Generai Z Punjabappearing for the and Mr Gurcharan Dass Advocate appeanng for the plaintiffe respondent and have gone m thrOUghthe records of the case 7 Z On 582003 at the time of admittingthis appea thisCourt o observed that the following questions of Iaw would anse for consideration in this casel Il Whether the qualification a of Punjabi upto Matric as Iaid down in the instructions dated 2971968 would apply to the cases of directrecruits alone or to the cases of promotes as weile and b Whether the IS entitled to ciaim exemption from the passing of Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 89 4 Reqular Second Appeal Noe2523 of 2001 Assistant Grade examination in order to get promotion to the post of Senior Assistant Il So far as the first question IS concerned it will be relevant to go through the instructions Iletter dated 2971968 Exhibit P21 on the basis of which it was alleged by the defendantsopellants that the plaintilespondent was requiredto pass the PunjabiIanguage 0 examination upto Matric standard The relevant portion of the said 0 Ietter which IS Ill Punjabi IS as under when translated into EngIish l I C5 I ll A Qualification for direct appointments Ill Z the Punjab Statee 2 1 1 Candidates for appointmentsto posts lll ali tZ services by direct recruitment shall possess knowledge I C of Punjabi ianguage of Matriculation standard or its Z equivalent QO 21 If a candidate does not possess any av certificate eg Matriculation or its equivalent which Z may show that he has knowledge of Punjabi then tl the appointmentauthorityto satisfy itself that the candidate possesses the knowledgeof Punjabiand may prescribe a testin this regard NOTE1 The above provision has been made to the case of candidates who are not in possession of Matric or its equivalent certificate As noticed above the services of the petitioner on the post of Clerk were regularizedwith effect from 12 1985 Iee the date Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 90 5 p4 Reqular Second AoDeal No523 of 2001 when he acquired the qualificationof Punjabiupto Matric standard although the petitioner had been promoted as Clerk from the post of Peon on 19111970 and junior to the plaintiff had been made regular from retrospective effect Iee with effect from 1 1973 by orders of com petent authority of the IrrigationDepartment Punjab 1 vide Ietter dated 128 1987 The instructions contained in Ietter dated 2971968 Exhibit P2 clearly show that these were meant for 0 0 candidates who were to be appointed to posts In all services by direct recruitment and for those candidates knowledgeof Punjabi Ianguage C5 I of Matriculation standard or its equivalent was required As is clear from instructions dated 297 1968 Exhibit P 2 it was ieft to the Z discretion of the appointing authority that if a candidate did not possess any certificate eg Matriculation or its equivalent which may I show that he has knowledge of Punjabi then the appointmentauthority Z may prescribe a test in this regard to satisfyitself that the candidate possesses the knowledgeof Punjabi The plaintiff was appointed as a 00 Peon in the IrrigationDepartment Head Office on 1291963 much 7 Z before reorganization of the States which took place from 1 1966 After reorganizationof the Statesthe services of the plaintiff were ailocated to the State of Punjab Thereafter services of the plaintiff were at the disposalof the Board against the quota meant in the Board for the employeesbelongingto Punjab The plaintifrespondent passed his MatricuIation exam ination in 1970 and became eligibie to the post of Clerk On 19111970 he was promotedas Cierk by the Chief Engineerof the Board and the Registrarof the parent department of the plaintiff iee IrrigationDepartmentPunjab was informed about the promotionof the plaintiff to the post of Clerk vide Ietter dated Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 91 6 Rectular Second Aopeal Noa2523 of 2001 1 231971 Had the Registrar of the parent department of the plaintiff informed the Chief Engineerof the Board about the necessity of the Punjabi knowledgeupto Matric Standard the Chief Engineerof the Board inexerase of his discretion might have prescribed a test in this regard as per instructions contained in Ietter dated 1 2971968 Exhibit P2lreproduced above to satisfy himself that at Ct that time the plaintiff possessed the knowledge of Punjabi Every case 0 has different facts If the plaintiff C could clear the Punjabi test of Matricuiation standard Ill February 1985 there was every possibility 40 that he could do the same if the competent authorityhad put him to I such test after giving some time to him for the same In this View Z of the matter it has to be held that qualification of Punjabiupto 2 Matric as Iaid down in the instructions dated 2971968 would not applyin strict sense to the case of a person who was promoted to L Z the POst of Clerk from the post of Peon as well The first question rnentioned above IS therefore answered in favour of the plaintif CQ respondent 7 Z Insofar as the second question ie whether the plaintiffe O respondent IS entitled to claim exemption from the passing of Assistant Grade examination in order to get promotion to the post of Senior Assistant suffice to say that it has not been denied by the Iearned State counsel that at the relevant time a number of employeeshad been exempted from appearing Ill the test for Assistant Grade Examination and were promoted as such without any test It has come in evidence that two seniors of the plaintiff namely Ajmer Singh a nd Dev Dutt Sha rma a nd one junior namely Kewal KrishanI were Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 92 1 7 Reqular Second Appeal Noe2523 of 2001 Z4 promoted to the post of Assistant with effect from 301219810 The cannot be treated For the aforesaid reasons I do not find any rnerit in this appeai and the same IS herebydismissed There shall be no order as to costSe i ll Datedl February 2011 a 0 JUDGE C0 I C5 I Z 2 CC I Z m S7 Z CJ Rani Anita 2012.06.21 10: 03 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document