Rajan Kapoor and Others vs Chief Secretary to Govt. Punjab and Others

Augustine George Masih, J.—Petitioner Nos. 1 to 3 were working on the post of Junior Technical Assistant, Quality Marking Centre and Petitioner No. 4 as Semi Skilled Operator in Government Industrial Developing Centre where the petitioners were performing their duties. It was under the Department of Industries and since these centres were being closed, they were rendered surplus. On the basis of that, a circular dated 07.10.2004 (Annexure P/7-T) was issued by the Director of Industries and Commerce, Punjab to the Principal Secretary to Government bf Punjab, Industries and Commerce Department specifying therein that the petitioners along with others have been rendered surplus. In this, it was requested that the list of these surplus employees be sent to the Financial Commissioner, Excise and Taxation, Punjab for absorption of the employees. Thereafter, Department of Personnel, Government of Punjab (Redeployment Cell) issued a general circular to all Heads of Departments in the State and other authorities for adjustment of technical and non-technical surplus staff of the closed 10 Industrial Development Centres and 6 Quality Marking Centres dated 15.10.2009 (Annexure P/10-T). In pursuance to this circular, petitioners were called upon to submit their details for their absorption in the Department of Legal Metrology, Food and Civil Supplies Department, Punjab. In response to the said communication, petitioners submitted their details. Thereafter, vide a letter dated 22.04.2010 (Annexure P/12-T) addressed to the petitioners by the Controller, Legal Metrology Department, they were directed to attend the office on 26.10.2010 for adjustment as per the letter issued by the Redeployment Cell of the Department of Personnel, Punjab. Petitioners appeared before the competent authority and an undertaking was taken from them that they may apply for the post of Inspector and on appointment as an Inspector in the Legal Metrology Department, they shall not claim benefit of seniority for the past service. Petitioners, accordingly, submitted their undertaking. Thereafter, petitioners were adjusted against the post of Inspector, Legal Metrology, Department of Food and Supplies, Consumer Affairs, Punjab. They have been performing the said duties to the satisfaction of the respondents. They have also been deputed to undergo short training course for Inspector, Legal Metrology and have successfully completed the same. They are performing the duties of Inspector, Legal Metrology since the date of their joining the office of Controller, Legal Metrology. An advertisement was published in the Tribune dated 01.06.2010 (Annexure P-15) calling upon the applications for appointment to 21 posts of Inspectors, Legal Metrology (Group C) in the Department of Food and Civil Supplies, Punjab. It is at this stage that the petitioners have approached this Court by filing the present writ petition as they were apprehensive of their termination because of the filling up of all the posts, which were advertised. Vide an interim order, four posts were kept reserved for them.

Counsel for the petitioners contends that the petitioners fulfil the requisite qualifications as prescribed in the advertisement dated 01.06.2010 (Annexure P-15) and since the petitioners have been adjusted against the posts of Inspector, Legal Metrology, they should be allowed to continue on the said post by absorbing them on the said post as there is no impediment which would come in the way either in the qualifications or performance of work of the petitioners. He, accordingly, prays that the writ petition be allowed.

Counsel for the respondents, on the other hand, states that initially the petitioners were adjusted on the post of Inspector, Legal Metrology but subsequently, they had been granted the pay scale of the posts, which were held by them prior to their joining the Department of Legal Metrology i.e. Junior Technical Assistant and Semi Skilled Operator. Since they were and are drawing the initial pay scale, which is less than that of Inspector, Legal Metrology, therefore, they cannot be absorbed against the post of Inspector, Legal Metrology. There are posts available in the same pay scale, in which the petitioners are serving i.e. of Manual Assistants, which are lying vacant in the department. She, accordingly, contends that the writ petition deserves to be dismissed.

In response to this argument raised by the counsel for the respondents, counsel for the petitioners has referred to para (C) of Grounds of the reply, wherein it has been specifically admitted by the respondents that there are no instructions, which provide for absorption of a surplus employee from a lower pay scale/post to the higher pay scale/post. He, accordingly, contends that the argument raised by the counsel for the respondents cannot, therefore, be accepted.

I have heard the counsel for the parties and with their assistance, have gone through the records of the case.

Petitioners were initially adjusted against the post of Inspector, Legal Metrology and had been deputed to undergo six weeks course for making them aware with the working of the post of Inspector, Legal Metrology which the petitioners completed successfully and are performing the duties of the said post, admittedly without any difficulty and to the full satisfaction of the respondents. Since the petitioners fulfil the qualifications prescribed for appointment to the post cannot be denied the benefit of absorption against the post of Inspector, Legal Metrology on the ground that they were holding the initial pay scale, which is less than that of the post of Inspector, Legal Metrology especially when there is no such policy which denies the absorption on a post which carries a higher initial pay scale, for which they are eligible in all respects.

That being so, the action of the respondents in not absorbing the petitioners against the post of Inspector, Legal Metrology especially when they have been performing the duties of the said post and fulfil the qualification thereof and further there being no adverse comment with regard to the work and conduct of the petitioners, cannot sustain. In view of the above, the present writ petition is allowed. A direction is issued to the respondents to proceed with absorption of the petitioners within a period of one month from the date of receipt of certified copy of this order against the posts kept reserved for them in this writ petition.