CWP NO.508 OF 1981 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 8.9.2008 Smt.Lokesh Rawlley ...Petitioner VERSUS The State of Punjab and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Arun Palli, Sr.Advocate with Mr.Divansho Jain and Mr.Parminder Singh Kanwar, Advocate for petitioner Mr.S.S.Sahu, AAG, Punjab for the respondents Permod Kohli, J. (Oral) The State Government formulated a Scheme known as “Half-a-million-job Scheme” to engage the educated youth on temporary jobs. The petitioner was appointed on temporary basis for six months as Social Study Mistress at a fixed salary of Rs.200/- per month against the newly created post vide order dated 13.11.1973 and posted to Government High School, Dayalpur Sodhian. It is admitted case of the parties that she never joined the duty pursuant to the order. Vide subsequent order dated 21.11.1973, she was again appointed and posted to Government High School, Patran in the scale of 220-500. This CWP NO.508 OF 1981 :2: order, however, contained a stipulation under the Note that the appointment/adjustment shall be governed by the earlier conditions. And if the appointees fail to join by 30.11.1973, their appointments will be cancelled without any notice. It is again admitted position that the petitioner never joined pursuant to the said order also. She was again appointed vide order dated 7.12.1973 and posted to Government High School, Machhingan in the pay scale of Rs.220-500. This order also contains stipulation that her condition of appointment will be the same as in the first appointment. It is also relevant to notice that in this appointment, the registration number of the petitioner is the same as in the original order of appointment dated 13.11.1973. It is again admitted position that the petitioner did not join pursuant to the aforesaid appointment order. The aforesaid appointment was followed by another appointment order dated 7.6.1974 where under the petitioner was again appointed on a fixed salary of Rs.200 and posted in Government Middle School, Lathore. The petitioner joined pursuant to this order and served there till 10.12.1974. Then she was relieved and directed to report to the District Education Officer, Patiala on the following day vide relieving order (Annexure P-5). It is further stated that the petitioner continued to serve till 15.1.1976. From the reply filed also, it is evident that the petitioner served upto 22.9.1975. Thereafter the petitioner was removed from the service on 15.1.1976 and re-engaged on 20.9.1978. The petitioner filed this petition challenging her termination and has also claimed the CWP NO.508 OF 1981 :3: salary/emoluments for the period from 15.1.1976 to 20.9.1978. It is now admitted position that thereafter the petitioner remained engaged and is still serving. Thus, the only relief which is being claimed is the salary for the period petitioner remained out of job i.e. with effect from 15.1.1976 to 20.9.1978. The stand of the respondents is that the petitioner's engagement was not under the “Half-a-million-job Scheme” and thus she could be terminated as she has served against the leave vacancy post and so on. Earlier this petition was dismissed vide judgment dated 9.3.1994. However, Letters Patent Appeal (LPA No.77927 of 1994) came to be allowed by Division Bench of this Court vide judgment dated 17.8.2004 and the case remanded to this Court for re- hearing. I have heard learned counsel for the parties. The only issue sought to be adjudicated upon is whether the petitioner's appointment was under the Scheme or she was engaged against regular post or on “stop gap arrangement” and whether the termination of the petitioner vide order dated 15.1.1976 was justified and whether the petitioner is entitled to the emoluments for the period she remained out of job. It is pertinent to note that all the engagement orders of the petitioner right from Annexures P-1 to P-4 refer the appointment of the petitioner under the “Half-a-million-job Scheme”. Not only this, even the registration number of the petitioner which was in the original order has been carried forward in all the subsequent orders with further stipulation in some of the orders that the conditions of CWP NO.508 OF 1981 :4: appointment will be the same as in the first appointment. Similar issue came up for consideration before this Court in the case of Mrs.Adarsh Bhalla vs. State of Punjab and others (CWP No.3007/1979). In this aforesaid case, Smt. Adarsh, though appointed under the Scheme initially, but she never worked against the fixed salary of Rs.200/- as per the stipulation of the Scheme. She was posted from time to time against the regular pay scale of Rs.220-500 and services were also terminated on the similar ground. This Court, on consideration of the appointment of Smt.Adarsh Bhalla, came to the conclusion that her appointment was under the Scheme though in a pay scale and thus her termination is invalid and she was ordered to be reinstated vide judgment dated 29.7.1977 passed in CWP No.3178 of 1975. In the present case also, the petitioner has filed replication and in paragraph 3 of the replication, the petitioner has specifically stated that she joined at the Government Middle School, Lataur under the “Half-a-million-job Scheme” and was drawing fixed salary of Rs.200/- which fact is disputed in the reply. However, in the additional affidavit, the petitioner has further given the details of the joining and even the drawl of the salary while serving in the Government Middle School, Lataur on a fixed salary of Rs.200/-. It is further mentioned that the Government itself subsequently altered the Scheme and all teachers appointed under the Scheme were given the regular pay scale of Rs.220-500 which fact has been admitted in the reply. In the given circumstances, the stand of the respondent that the petitioner's appointment was CWP NO.508 OF 1981 :5: not under the Scheme cannot be accepted. Consequently, this petition is allowed. Respondents are directed to pay salary/emoluments to the petitioner for the period from 15.1.1976 to 20.9.1978 at the rate of Rs.200/- per month and if during this period, the petitioner was entitled to pay scale, the emoluments will be calculated accordingly and be paid to the petitioner within a period of four weeks of the receipt of a copy of this order. Needless to say that the petitioner will be entitled to the interest at the rate of 4% per annum on the emoluments so calculated by the respondents. If the amount is not paid within the aforesaid period, the petitioner will be entitled to interest at the rate of 6% per annum. (PERMOD KOHLI) JUDGE 8.9.2008 MFK CWP NO.508 OF 1981 :6: