LAWS(SC)-1999-3-117

BALWINDER SINGH Vs. STATE OF PUNJAB

Decided On March 31, 1999
BALWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellants before us had worked on voluntary basis as Home Guards for the period from 1985 till 1990. Thereafter, in 1990 appellants Nos. 1 to 4 were appointed on ad hoc basis as Corporal Instructors while appellants Nos. 5 to 8 were appointed as despatch Riders. They continued to work, according to the respondents, upto July, 1994 as their period of appointments which were made for 89 days was extended for another eighty nine days from time to time. It is contended that since they were appointed only on fixed term basis and were not given fresh appointments on the expiry of the last term in 1994, they are not entitled to any relief, much less the relief of regularisation.

(3.) The fact that all the eight appellants had worked as Home Guards for the period from 1985 to 1990 and the further fact that they were appointed on ad hoc basis and had worked on the aforesaid posts upto July, 1994 is not disputed. Although the appellants, having been appointed on ad hoc basis for a limited period, cannot claims reinstatement as a matter of right, we cannot ignore the fact that they were appointed by the respondent themselves on ad hoc basis and their appointments were continued from time to time with the result that they continued in service for 4 or 5 years. They therefore, deserve sympathetic consideration.