262 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 11.02.2026 AMRISH KUMAR JAIN ... PETITIONER VS.

STATE OF PUNJAB .. RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Petitioner in person.

Ms. Samdisha Kaur, AAG, Punjab.

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ASHWANI KUMAR MISHRA , J. (ORAL)

This writ petition has been filed with a prayer to set aside the order dated 25.05.2016 contained in Annexure P-9 of the writ petition, whereby the appointment of the petitioner as Child Development Project Officer has been treated as a fresh appointment w.e.f. 02.03.2009. The petitioner has also prayed for quashing the order dated 01.04.2010, vide which the period of service of the petitioner from 09.01.2009 to 01.03.2009 has been declared as period dies-non. The petitioner has further prayed for appropriate directions to the respondent to consider the question of pay protection, keeping in view the departmental circular dated 15.11.2000.

Above prayers are made in the context of undisputed facts which are as under:-

The petitioner was selected by the Punjab Public Service Commission and was issued an appointment letter to the post of Child Development Project Officer on 02.07.1992. The petitioner was placed on probation. Vide order dated 07.10.1995, the petitioner successfully completed the period of probation and was confirmed on the said post. The petitioner continued to work as such from 1992 onwards till he applied for appointment to the post of Civil Judge (Junior Division), for which an advertisement was issued by the Punjab Civil Services (Judicial Branch). The petitioner submitted an application through the proper channel for selection to the advertised post. Permission at the competent level was granted to the petitioner for the said purpose. The petitioner was ultimately appointed as Civil Judge (Junior Division) on 03.11.2005. The appointment letter of the petitioner is on record as Annexure P-2. Pursuant to such appointment, the petitioner assumed charge w.e.f. 26.11.2005.

It is at this stage that the petitioner was relieved from his previous department of Social Security, Women and Child Development vide order dated 01.12.2005. This order has significance for the controversy arising in the present matter and is consequently reproduced hereinbelow:-

“Consequent upon his appointment to the Punjab Civil Service (Judicial Branch), Shri Amrish Jain, CDPO, Dera Bassi, is, hereby, relieved from this Department with effect from 25-11-2005(Afternoon) as per his request dated 25-11-2005, read with Order dated the 25^th November, 2005 of the Hon'ble Punjab and Haryana High Court conveyed vide their Endst.No. 807 Gaz I/VI M.46 dated 25-11-2005, subject to the condition that his lien will be kept in this Department for a period of two years or till his confirmation in the Punjab Civil Services (Judicial Branch), whichever is earlier, in view of the instructions of Government of Punjab issued from time to time.”

It transpires that the petitioner could not complete his probation satisfactorily on the post of Civil Judge (Junior Division), and his services came to be dispensed with by the State vide order dated 31.12.2008. The order came to be communicated to the petitioner on 08.01.2009. The petitioner, on the very next day i.e., 09.01.2009, offered his joining in the Department of Social Security, Women & Child Development. However, the respondent-State, did not allow the petitioner to join until an order was passed in this regard on 02.03.2009. This order also has implications for the controversy raised and is reproduced hereinafter:-

“As Shri Amrish Kumar Jain former Child Development Project Officer was relieved from this Department in consequence of his appointment to Punjab Civil Services (Judicial Branch) vide letter of the government Memo No.2/251/05-5 SS/5255-58 Dated 01-

12-2005.

2. As the Department of Home Affairs and Justice dispensed with the services of this officer as this officer could not cle