Amarjit Singh vs The State of Punjab etc.

A.L. Bahri, J.—Grave in justice was being done to the Petitioner that he had to approach this Court. The Petitioner was selected as Lecturer in Physis and was posted in a school in district Gurdaspur. He was to join duty before September 7, 1991 along with certified copies of educational certificates. September 7, 1991 happened to be Saturday (holiday). On September 9, 1991, the Petitioner approached Respondent No. 3 i.e. District Education Officer Gurdaspur for joining duty. However, he was not allowed to do so on the ground that he could join duty only up to September 7, 1991. He had no option but to approach this Court in this Writ Petition.

As the time of motion hearing, a direction was given to the Respondents to permit the Petitioner to join duty on production of B.Ed, certificate, that is how during the pendency of Writ Petition, he was allowed to join duty on January 11, 1992. After notice of motion was issued, reply was filed by Deputy Director (School Administration) Office of Director of Public Instructions, Punjab.

In para 14 of the Writ Petition, it was specially averred by the Petitioner that on the next day i.e. September 9, 1991, he reported for joining duty. However, Respondent No. 3 did not allow him to join duty. No specific denial of this assertion was made in the written statement, para 14 was generally denied being wrong and it was asserted that the Petitioner was making baseless allegation against Respondent No. 3. It was further mentioned as under:

It is pertinent to mention here that the Petitioner was not allowed to join duties as he could not produce the original certificate of B.Ed. which was essential according to condition laid down in appointment letter.

From the reply as aforesaid, it is more or less admitted that the Petitioner in fact approached Respondent No. 3 on September 9, 1991 and was not allowed to join duty as he was not possessing B.Ed, certificate. Photo copy of the B.Ed, certificate has been shown by the Petitioner which shows that this certificate Was issued to him on 5th August, 1991. If the Petitioner was in possession of duplicate copy of the certificate, we cannot accept the assertion in the written statement that the Petitioner had not produced the certificate when he approached for assuming duty on September 9, 1991. When September 7, 1991 was a public holiday followed by Sunday, another holiday, the Petitioner could legitimately approach the Respondents on the next working day for assuming duty. Denial on the part of Respondents was not at all justified. Respondent No. 3 has not specifically denied the allegations of Petitioner.

During the pendency of the Writ Petition, the Petitioner was allowed to resume duty on January 11, 1992, for all intents and purposes, the Petitioner would be deemed to have joined on September 9, 1991 and he would be entitled to the pay and other service benefits with effect from that date. So directed.

With the directions aforesaid, this Writ Petition stands allowed with costs which are quantified at Rs. 2,000.