DEWAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are Class IV employees who were promoted against 10% vacancies of Clerk a Class III service. They are seeking direction to regularize their services with effect from the dates of their appointments on ad hoc basis in the Class III. The dates of the appointments of the petitioners as Class IV employees in the Punjab Education Department are as under: <FRM>JUDGEMENT_3370_TLP&H0_2013_1.html</FRM>

(2.) The dates of promotion of the petitioners as Clerks on adhoc basis and the dates on which their services were regularized as Clerks are as under: <FRM>JUDGEMENT_3370_TLP&H0_2013_2.html</FRM>

(3.) The petitioners were appointed as Class IV employees and were possessing the other qualification did not have independent source of Class III posts. The State Government decided to reserve 10% vacancies occurring in a particular year in Class III services to be reserved for Class IV employees as per instructions dated 25.04.1972 (P-1). Subsequently, vide instructions dated 12.02.1981 (P-2), clarification was issued that on promotion by the State Government will have no effect on Class IV employees to be promoted against 10% quota. For the Class III employees, they can be considered for regular appointment by the Department. The petitioners have referred to a case of Achhar Singh and Pritam Dass, who had been granted regular promotion with effect from the date of their ad hoc appointments on the post of Class III employees.