J.V. Gupta, J. - (1.) The petitioner was appointed Inspector in the Punjab Roadways on 17.3.1973. He worked there upto 31.12.1979. On 1.1.1980, the petitioner was transferred to the Municipal Corporation, Amritsar vide Annexure P.l. The Punjab Public Service Commission vide advertisement copy Annexure P3 dated 27.6.1987 invited applications for three posts of Traffic Manager in the Punjab Roadways. The age prescribed therein was not more than 35 years on 1.1.1987. It was made clear therein that the same was relaxable in the case of persons already in employment of Punjab Government and other State Governments or the Government of India upto 45 years. Admittedly the petitioner was more than 35 years on 1.1.1987 but he claimed relaxation upto 45 years in view of the said advertisement. According to the petitioner, he had already been interviewed but his result was withheld on account of his over age. Thus the sole controversy in this petition is whether the petitioner who is admittedly in the service of the corporation at present and at the time of the issuing of the said advertisement, is entitled to the said relaxation of age or not. The petitioner placed reliance on the judgment of this Court in Ajmer Lal and others Vs. The State of Punjab and others, CWP No. 4350 of 1980 decided on 25.5.1981 , copy Annexure P.2.
(2.) In the return filed on behalf of the Director State Transport, Punjab, the stand taken was that where the employees were transferred to the Municipal Corporations at their options whose services were likely to be terminated on transfer of buses to the Municipal Corporations filed Civil Writ Petition No. 5745 of 1982 which was allowed by the High Court but a Special Leave Petition No. 3088 of 1983 is still pending in the Supreme Court of India in which the operation of the order of the High Court was stayed till further orders. According to the return the petitioner falls in that category and in view of slay order granted by the Supreme Court, the petitioner is deemed to be the permanent employee of Municipal Corporation, Amritsar for all intents and purposes.
(3.) In the return filed on behalf of the Secretary Punjab Public Service Commission, Patiala, the plea taken is that under the rules called the Punjab, Department of Transport Commercial Wing (State Service Class-II) Rules, 1984 an employee of a Corporation is not entitled to relaxation in age beyond 35 years. In view of the above, the petitioner was called provisionally for the interview subject to the production of'No Objection Certificate' as proof of his being a permanent employee of the State Government as otherwise he would not be interviewed being overage. A copy of the order of the Supreme Court The State of Punjab and others Vs. Avtar Singh and others, Civil Appeal No. 1219 of 1984 decided on 3.1.1989 has been shown to contend that the Supreme Court has made it clear that the relief granted by the High Court will only be limited to the then writ petitioners and not to any other person. The observations of the Supreme Court read as under:- "This order is passed in substitution of the order passed by the High Court. We also made it clear that no other employee who is transferred to the service of any of the Corporations under the scheme of transfer shall be entitled to prefer any claim on the basis of this order since nearly a decade has already passed from the date of the transfer of the employee to the corporation concerned." That being so the petitioner is not entitled to the benefit of judgment rendered by this Court in the above said writ petition copy Annexure P.2. This proposition is not contested on behalf of the petitioner.;