IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 11.02.2025 Yadwinder Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY *****

Present : Mr. Harbans Lal Sharma, Advocate for the petitioners.

Ms. Shruti, AAG, Punjab.

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AMAN CHAUDHARY, J. (ORAL)

1. Prayer made in the present petition for quashing the orders dated 30.07.2020 (Annexures P8 to P10) whereby the petitioners have been reverted from the post of Agriculture Extension Officers to Agriculture Sub Inspectors for not having passed the departmental accounts exam which in terms of Instructions dated 12.04.2002 (Annexure P2) can be exempted for those employees who have crossed the age of 52 years wherein there is no stipulation that the same has to be during the probation period. In this regard, reliance is placed on the judgment Karnail Singh and others vs. State of Punjab and another, CWP-14134-1994, decided on 29.01.2013 (Annexure P4), wherein respondent No.1-Secretary to Govt. of Punjab, is directed to consider the claim for increments on the basis of exemption from the date when they attained the age of 52 years as also similarly situated employee Darshan Singh who had also granted exemption after he completed 52 years on 14.05.2013 vide order dated

06.07.2018.

2. While issuing notice of motion on 31.08.2020, the following order was passed:-

“Notice of motion, returnable on 24.11.2020.

Mr. Nikhil Chopra, learned Additional Advocate General, Punjab, takes notice for the respondents and seeks time to gt instructions.

The reversion of the petitioners on the ground that they failed to pass the departmental accounts exam requires examination in the light of the fact that they were promoted as long back as in the year 2014 and completed their probation long prior to the passing of the reversion order. There shall accordingly be stay of operation of the impugned orders dated 30.07.2020 (Annexures P8 to P10)

till the next date of hearing.”

3. The petitioners are stated to have since retired in the year 2024, in which regard, reference is made to the judgment by the Division Bench of this Court dated 21.02.2013 passed in CWP-837-2005 titled as Sudarshan Kumar Sharma vs. The State of Punjab and others, disposal of the matter in view of the same could not, despite best efforts of learned State counsel, be resisted and reads thus:-

“The petitioner was appointed as Sanitary Inspector, Municipal Committee, Ludhiana and he earned promotions from time to time. In the year 1994, he was promoted as Superintendent Vaccination. Thereafter, in the year 1997, he was given promotion to the post of Registrar (Births & Deaths), Municipal Corporation, Ludhiana vide orders dated 28.5.1997. Subsequently, show cause notice dated 16.1.2003 was issued to him which culminated in his reversion from the post of Registrar (Births & Deaths). Challenging these orders, the petitioner filed the instant writ petition. The petitioner also prayed for interim stay of operation of the reversion orders. Interim orders were passed in his favour by this Court. Under the umbrella of the said stay orders, the petitioner continued to work as Registrar (Births & Deaths) and has since retired as well from that post on 31.12.2009. As the petitioner, on account of stay order, continued to work as Registrar (Births & Deaths) and has even retired from that post, it is not necessary to go into the validity of the orders impugned in this petition.

Retiral benefits, if not paid, shall be released to the petitioner as if the petitioner had retired as Registrar (Births & Deaths).

The writ petition is, accordingly, disposed of.”

4. The petition is disposed of in terms of Sudarshan Kumar Sharma (supra).

(AMAN CHAUDHARY)

JUDGE

11.02.2025 ashok