NARINDER SINGH BAATH TEHSILDAR Vs. STATE OF PUNJAB
LAWS(P&H)-1990-5-16
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 22,1990

NARINDER SINGH BAATH TEHSILDAR Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) PETITIONER, Narinder Singh Baath, Tehsildar, has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the Financial Commissioner (Revenue) and the Chief Secretary to Government, Punjab, to consider his name for inclusion in Register A-1 belonging to Tehsildars and Naib Tehsildars for a appointment to the Punjab Civil Services (Executive Branch) (Class I) Rules, 1976.
(2.) THE Petitioner joined service in the State of Punjab as Inspector in the Food and Supplies Department on 17th June, 1977. He was selected as A-Class Tehsildar candidate on 17th September, 1979 and after completing the necessary training, he was appointed as Tehsildar regular on 31st December, 1981. Since then, he has been serving as such in the State of Punjab.
(3.) UNDER the Punjab Civil Services (Executive Branch) (Class I) Rules, 1976, Separate Registers are being maintained for separate sources of recruitment. Tehsildars and Naib Tehsildars are eligible for being appointed to the Punjab Civil Service (Executive Branch) from Register A I Rule 9 (5) of the aforesaid Rules reads as under :- "9. (5) The name of a person shall not be included in the final list unless he (a) is a confirmed hand and has completed ten years continuous service under the Government; (b) was under the age of 45 years on the first day of November immediately preceding the date of submission of names by the nominating authorities; and (c) is a graduate of a recognised University. " Since the petitioner joined service in the Revenue Department as Tehsildar on 17th September, 1979, and after completing, his training was posted as regular Tehsildar on 31st December, 1981, he had not completed ten years' continuous service under the State Government as Tehsildar. As such, he has not been considered eligible for being brought on Register A-I from amongst Tehsildars for being appointed to the Punjab Civil Services (Executive Branch ). According to the petitioner if his earlier service rendered by him as Inspector in the Food and Supplies Department, is also taken into consideration, he completes the requisite service of ten years. It is for the redressal of this grievance that the petitioner has approached this Court.;


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