M.M. Kumar, J. - (1.) The short issue raised in the present Public Interest Litigation filed under Article 226 of the Constitution is whether a person who does not fulfill the age criteria for appointment to a public post under the rules could be appointed and allowed to hold such post even beyond the age of superannuation by giving extensions from time to time. The petitioner has challenged order dated 14.7.2011 (P-5), extending the contract of services of Lt. Col. (Retired) Manmohan Singh-respondent No. 3 from 15.7.2011 to 14.7.2013 on the post of District Sainik Welfare Officer, Jalandhar, consecutively for the thirteenth time totally in contravention of the provisions of Rule 6 and 8 of the Punjab Defence Services Welfare Officers (Group 'A') Rules, 1986 (for brevity, 'the Rules'). A further direction has been sought directing respondent Nos. 1 and 2 to fill up all the vacant posts of District Sainik Welfare Officers including the post held by respondent No. 3 on regular basis in accordance with the provisions of the Rules.
(2.) According to the petitioner various posts of District Sainik Welfare Officers are lying vacant in the State of Punjab but to favour certain retired army officers, the respondent authorities instead of sending requisition to the Punjab Public Service Commission for filling up the posts on regular basis, initially appoint some army officers on these posts on contract basis for one year or so and subsequently they are given extension on year to year basis. In that regard the instance of Lt. Col. Manmohan Singh (Retd.)- respondent No. 3 has been cited. He was born on 4.6.1934 and retired from Army on 31.8.1985. On 6.3.1987, he was appointed as District Sainik Welfare Officer at Jalandhar. On 30.6.1992, he retired from the said post but from 1.7.1992 to 14.7.2011 he has been working on contract basis as District Sainik Welfare Officer at Jalandhar. It is alleged that due to his influence in the political circle, during the last about 24 years, he has been given as many as 12 extensions on contract basis. In this regard the petitioner has placed on record the information supplied by the Government of Punjab, Defence Services Welfare Department under the Right to Information Act, 2005 (P-2). The petitioner has also placed on record a letter dated 22.1.1999 written by Mr. Manoranjan Kalia, the then Health and Family Welfare Minister, Punjab, to the Chief Minister, Punjab, recommending the name of respondent No. 3 for giving him life time extension on the post of Deputy Director, Sainik Welfare, Jalandhar (P-3). It has been highlighted that respondent No. 3 is now about 77 years old, yet he has managed to man the post of District Sainik Welfare Officer, Jalandhar by way of reemployment.
(3.) In para 7 of the petition, the petitioner has made reference to Rule 7.17 of the Punjab Civil Services Rules, Volume-II, and alleged that a retired employee could be re-employed only with the approval from the Cabinet. However, in the case of respondent No. 3, most of extensions have been granted at the level of the Secretary, Defence Services, Punjab, Chandigarh. On 3.5.2011, the petitioner also served a legal notice highlighting the above factual position. But despite that order dated 14.7.2011 has been passed extending the services of respondent No. 3 for another two years from 15.7.2011 to 14.7.2013 (P-5).;