BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners invoking the extraordinary writ jurisdiction of this Court filed this writ petition under Articles 226/227 of the Constitution of India with a prayer that the note given in the Annexure P -7 appended to the writ petition may be quashed, by which the petitioners have been treated as employees working on daily wages.

(2.) APPROVAL for the appointment of one Auction Recorder, one Clerk and one peon on daily wages had been granted in the Market Committee, Lohian Khas as per Annexure P -1. Balwinder Singh, petitioner No. 1 was appointed as Auction Recorder on temporary ba sis for a period of 89 days w.e.f. 27.8.1985 in the grade of Rs. 450 -800 as per Annexure P -3. Similar appointment letters were issued in respect of petitioners Nos. 2 and 3. Vide resolution, Annexure P -5 passed by the Market Committee, Lohian Khas, services of Balwinder Singh, Auction Recorder, petitioner No. l, Surin -derjit Singh, Clerk, petitioner No. 2 and Vashish Ku -mar, Peon, petitioner No . 3, were regularised w.e.f. 9th September, 1985 against regular vacant posts available in the approved budget for the year 1985 -86. As per Annexure P -7, vide note appended thereto, it was ordered that according to the opinion of the Secretary, these appointments should have been made on daily wages. This is the sole point which has been challenged by the petitioners as according to them, once they were appointed against regular posts and their appointments were regularised, they could not be treated as employees working on daily wages.

(3.) I need not go into the merits of the case as it is admitted that as per circular dated 23rd January, 2001, the policy of regularisation of work - charged and other categories of employees has been reviewed by the Government of Punjab, Department of Personnel. Letter in this respect has been issued by the Department of Personnel, and a copy thereof has been produced by the learned counsel for the petitioner. In view of this letter, since the petitioners are being treated on daily wages as per Annexure P -7, therefore, they are at liberty to move the competent authority by filing a representation for regularisation of their services or deciding their claim in respect of regularisation of their services in pursuance to the letter No. 11/34/2000 -4PPIII/1301 dated 23.1.2001. The representation so made by the petitioners to the competent authority shall be decided within three months and the orders thereon shall be communicated to the petitioners within 15 days thereafter.