Ramesh Chander and others vs State of Punjab and others

Paramjeet Singh, J.—Present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing of resolution dated 29.09.2004 (Annexure P-12) vide which Municipal Council, Mohali, has decided to appoint 27 Octroi Clerks on contract basis at a consolidated salary of Rs. 4977/-per month and with a prayer for direction to the respondent-authorities to consider the claim of the petitioners who are already working as Officiating Octroi Clerks for the last so many years as per the instructions dated 27.10.1998 (Annexure P/3) and to direct the authorities to grant regular pay scale of the post of Octroi Clerks from the date they have been working as such, along with arrears. The case of the petitioners is to the effect that initially the petitioners were appointed on the posts of Chowkidar and Peon. They claim that they fulfilled all the requisite qualifications for the post of Clerkand in fact, they are performing the duties as Officiating Octori Clerk. The Government has issued instructions to fill up 10% posts of Class III from amongst class IV employees, who are matriculates with Punjabi and have 5 years experience. The respondents have no right to fill up the posts on contract basis and consequentially could not relieve the petitioners from the duty of Officiating Octori Clerks.

On notice, the respondents have filed their separate written statements. It is averred in the reply filed by respondent no.3 that the petitioners have no right to object to the contract posts which are being filled up on consolidated salary from the Punjab State Ex-servicemen Corporation (for short "PESCO"). The petitioners have no right to claim salary and other benefits, although they are performing their duties as officiating clerks.

I have heard learned counsel for the parties and perused the record.

Admittedly, the case of the respondents is that they have got sanctioned 27 posts of Clerks on consolidated salary of Rs. 4977/-per month, those are to be filled up from the ex-servicemen of PESCO on contract basis. These are independent posts and the petitioners have no right to stake claim against the said posts. Since the petitioners are already getting more regular pay than the consolidated salary, they are not required to be appointed on contract basis. So far as the relief restraining the Municipal Council from filling up 27 posts of Clerks on contract basis on consolidated salary is concerned, the same is hereby declined.

Admittedly, the petitioners have been performing duties as Officiating Octroi Clerk which is higher responsible post. As per the Division Bench judgment of this Court in the case of Pritam Singh Dhaliwal vs. State of Punjab, 2004 (4) R.S.J., 599, the petitioners are entitled to pay as their duties being performed by them, so I hereby allow the writ petition to the extent that the petitioners are entitled to pay of the post of Octori Clerk from the date they have been performing higher responsibility duties of post of Octori Clerk till they continued/continue to perform the duties as such.

So far as the other relief with regard to the promotion to Class III posts by way of promotion from amongst the Class IV employees is concerned, the said issue has already been decided by a Division Bench of this Court in C.W.P. No. 13607 of 1990 -Kesar Singh vs. State of Punjab and others, decided on 05.02.1991. Thus, the petitioners are required to be considered for promotion against their 10% quota. The petitioners shall be entitled to promotion if they are found fit and fulfill all the conditions for promotion. In view of the above term, the writ petition is partly allowed.