M.L. Singhal, J. - (1.) SUDAMA Ram was working as Public Health Supervisor/Work Inspector on work charge basis with effect from 24.10.66 in the Punjab University, Chandigarh. Thereafter, he worked in the office of Executive Engineer, Punjab University, Chandigarh for about 9 months and became conversant with the office routine - Executive Engineer, Punjab University, Chandigarh found his work and con - duct satisfactory and recommended him for the vacant post of Computer in the grade of 120 -5 -200 w.e.f. 1.5.69. This post fell vacant consequent upon the appointment of one Maldev Daita as temporary Clerk. On the basis of the note put up by the Executive Engineer, Punjab University, Chandigarh, the Vice Chancellor approved the appointment of the plaintiff as temporary computer on 29.9.69. As per the duty rosier circulated by the Punjab University, Chandigarh on 21.5.83, he was working on the following duties : - (1) Allotment of works (2) Preparation of agreements and work order (3) UGC correspondence (4) Correspondence relating to estimates and construction of building departmentally (5) Maintenance of old record etc. though his designation was computer.
(2.) FROM the duties assigned to him as per the roster circulated by the Punjab University, Chandigarh on 21.5.82, it is apparent that he was working on the ministerial cadre and was discharging the duties of an Assistant. In the Punjab University, Chandigarh calender, there was no provision for the post of computer nor any separate duties had been assigned for the post of computer nor was there any separate gradation list. There was no chance of promotion so far as computers are concerned. He made numerous representations to the authorities of the Punjab University, Chandigarh. Number of times, matter was taken up. Advice from the State of Punjab and Union Territory of Chandigarh was sought. U.T. Chandigarh replied that both the posts i.e. computer as well as clerk are equally entitled for promotion as they are in the same grade. He had all along been clamouring that his seniority be fixed in the clerical cadre along with other clerks with effect from 3.10.69 and city compensatory allowance and house rent etc. be paid to him. This benefit was declined to him though this benefit is for all ministerial staff. At present his duty roster is purely clerical and he is discharging the same duties as an Assistant working in Punjab University, Chandigarh. Executive Engineer also requested and recommended that the post of computer be merged in the clerical cadre of the Punjab University, Chandigarh. This request was turned down without any reason. On these allegations, he filed suit for declaration against the Punjab University, Chandigarh to the effect that the post held by him in the isolated cadre of computer be merged with the clerical cadre of the Punjab University, Chandigarh and further for mandatory injunction directing the defendant to fix his seniority in the clerical cadre w.e.f. 3.10.69 to date along with all perquisites and benefits. Defendant contested the suit of the plaintiff urging that at the time of appointment of the plaintiff as com -putor, he did not possess the requisite qualification for appointment as Clerk. Minimum qualification for appointment to the post of Clerk at that time was Ma -tric/Higher Secondary Ist class or graduate. Plaintiff was only a matriculate with second division and Pre - University. Pay scales of the post of computer and clerks were also different at that time. Duties of the plaintiff were not purely ministerial in nature. It was denied that he was discharging duties of an Assistant. It was urged that there was no job or post of computer in the Punjab University, Chandigarh calender. It was further urged that there is no job or post of computer in the Punjab University, Chandigarh calender as Punjab University, Chandigarh calender does not specify all the posts. There is no necessity for preparation of gradation list in respect of the post of computer as it is not required. It was denied that the State of Punjab and U.T. Chandigarh replied to the queries put to them by the Punjab University, Chandigarh that computers are entitled to be promoted in the cadre of clerks. Question of fixing the seniority of the plaintiff in the cadre of clerks could not arise as the post of computer is not in the cadre of clerks. Plaintiff's request for merger of his post into the clerical cadre was not accepted as the cadre of the computer is different from clerical cadre. Duties of the plaintiff as computer are not identical to that of clerical post. Plaintiff is not discharging clerical duties. It was admitted that the Executive Engineer, Punjab University, Chandigarh recommended the merger of the post of computer in the clerical cadre. Said recommendation did not find favour with the authorities of the Punjab University, Chandigarh. On the pleadings of the parties, the following issues were framed ; - 1. Whether the plaintiff is entitled to the declaration and injunction as prayed for ? OPP 2. Whether the suit is maintainable ? OPP 3. Relief.
(3.) VIDE order dated 20.1.86, Sub Judge First Class, Chandigarh decreed the plaintiff's suit and the defendant Punjab University, Chandigarh was directed to give him chance to exercise his option in the light of the gazette notification dated 24.10.80 copy of which Ex. P9 and if the plaintiff chose to opt for clerical cadre, consequential benefits shall also be given to him according to rules, in view of his findings, that the plaintiff was entitled to opt for seniority either with the clerks or with the computers and in case he opted for the cadre of clerks, his experience as computer shall be counted towards the post of clerk.;