Rakesh Kumar Jain, J. - (1.) This order shall dispose of five petitions bearing CWP Nos. 13212, 13239, 13242, 13244 and 17284 of 2012 as the issues involved in all the five cases is the same. However, the facts are being extracted from CWP No. 13212 of 2012.
(2.) The petitioner was appointed as Imam of the Masjid Tila Baba Zafar Shah, Ajit Gate, Patiala on 09.12.1976 in the pay scale of 70 -4 -90/5 -100+D.A. with the responsibility of religious education, cleanliness and lighting of the mosque. The petitioner is aggrieved against the order dated 31.05.2012 passed by the Chairman of the Punjab Wakf Board (hereinafter referred to as the "Board") by which he has been retired after attaining the age of 65 years.
(3.) Counsel for the petitioner has submitted that at the time when the petitioner was appointed as Imam, the Wakf Act, 1954 (hereinafter referred to as the "Act"), the Punjab Wakf Rules, 1964 (hereinafter referred to as the "Rules") and the Punjab Wakf Regulations, 1966 (hereinafter referred to as the "Regulations") were in operation. The power to make rules flows from Sec. 67 and to make Regulations from Sec. 68 of the Act, in which Sec. 68(ii)(e) provides for the regulations of the terms and conditions of the service of the officers and servants of the Board. It is further submitted that the term "employee" is defined in Regulation 2(d) of the Regulations to mean any person in the employment of the Board and includes Imams, Mauzzans, Care -takers, Teachers, Khadims and Mujawirs. It is submitted that the terms and conditions of the service of Imam are defined in Regulation 53, which is reproduced as under: - - "53. Terms and Conditions of Service of Imams, Mauzzans, Care -takers, Teachers, Khadims and Mujawirs -Section 68(2)(e): The provisions of regulations from 21 to 52 shall not apply to Imams, Mauzzans, Care -takers, Teachers, Khadims and Mujawirs in so far they are inconsistent with the following provisions: - - "(1) The appointing authority and the punishing authority in the case of Imams, Mauzzans, Care -takers, Teachers, Khadims and Mujawirs shall be the Board. All appointments to these posts shall be made on the recommendation of Religious Affairs Committee. (2) The Religious Affairs Committee will interview the candidates, test their knowledge and submit its recommendations to the Board. The Imams shall possess the following qualifications: - - (a) candidates who possess the degree of "Farighul -Tehsil" shall be classed as of Grade -I. (b) candidates who have passed "Oafva and Oadoori" or are Hafiz Oari with knowledge of Muslim theology, shall be classed as of Grade II. (3) A person to be appointed as Mauzzan shall posses elementary knowledge of Massaail of Namaz and Roza. (4) A person to be appointed Khadim or Mujawir shall be "Ba -shara", be regular in the observance of Roza and Namaz be acquainted with "Fateha and Darood" and be physically fit to maintain the Dargah. (5) All kinds of leave to Imams, Mauzzans, Care -takers, Teachers, Khadims and Mujawirs shall be sanctioned by the Secretary. The Secretary shall also make officiating arrangements, in case any of the posts fall vacant, in consultation with the Chairman and in emergent cases he can also suspend any such employee with the approval of the Chairman. But the Secretary shall place all cases of officiating arrangement and suspension before the Board, which meets immediately after such orders.";