Saroj Kumar vs State Of Punjab & Ors.

NAMIT KUMAR, J. (ORAL)

Instant petition has been filed under Articles 226/227 of the Constitution of India, seeking direction to the respondents to consider the case of the petitioner for change of cadre from Sewerman to Peon at par with Amit Kumar, Safai Sewak, whose cadre has been changed vide order dated 22.06.2018 (Annexure P-5).

Briefly stated, the facts of the case, as have been pleaded in the petition, are that the petitioner was appointed as Sewerman in the Municipal Corporation, Amritsar, in the year 1986 on dailywage basis and thereafter his service were regularised in the year 1995. It is the case of the petitioner that he is matriculate and has also passed Punjabi as additional subject, which is compulsory for appointment as a Peon. It is further the case of the petitioner that from the date of his joining, he is performing the duties of the post of Peon and various documents have been annexed as Annexure P-3 in support of the said claim. In his identity card (Annexure P-4), issued by the Municipal Corporation, Amritsar, his designation has also been mentioned as Peon. It has also been stated that similarly situated person, namely, Amit Kumar son of Sh. Yashpal, who was working as Safai Sewak, has also been adjusted as Peon w.e.f. 22.01.2016, vide order dated 21.05.2018 (Annexure P-5) and the petitioner has also submitted representation (Annexure P-6) for change of his cadre from Sewerman to Peon.

In the written statement filed by the respondents, the abovesaid facts have not been disputed. However, it has been stated that there is no rule to change the cadre of an employee.

Learned counsel for the petitioner submits that for claiming the abovesaid benefit, the representation (Annexure P-6), submitted by the petitioner is still pending consideration with the respondents and time-bound directions may be issued to consider the said claim of the petitioner, as narrated in the said representation.

Learned counsel for respondent No.3 has no objection to the prayer made by learned counsel for the petitioner.

Keeping in view the above, particularly the fact that the petitioner is working as Peon right from the date of his appointment and cadre of another person, namely, Amit Kumar has already been changed from Safai Sewak to Peon, respondent No.3 is directed to consider the claim of the petitioner for changing his cadre from Sewerman to Peon, within a period of three months from the date of receipt of certified copy of this order.

Disposed of.