BALJIT SINGH KAMBOJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus, directing the respondents to count the service rendered by the petitioners on contract basis, as 'service under the Government1 as required under the Punjab Civil Services (Executive Branch) (First Amendment) Rules, 2011, and the same be recorded in the respective service books of the petitioners.

(2.) At the outset, it is submitted by the counsel for the petitioners that in this petition the petitioners are not seeking the benefit of their contractual service towards seniority or for any other financial benefits. Their plea is restricted only for counting their contractual service as 'continuous service under the Government' for the purpose of their participation in the process of preparation of Register of 'C of accepted candidates under Rule 15 of the Punjab Civil Services (Executive Branch) Rules, 1976 (in short '1976 Rules'), amended upto date.

(3.) The brief facts involved in this case are; that the petitioners were appointed in the year 2010 as Assistant District Attorneys (ADA) pursuant to an advertisement vide which 98 posts of ADAs were advertised by the respondents. The appointment of the petitioners were on contractual basis. However, in continuity; the services of the petitioners were regularised on the same posts of Assistant District Attorneys in the year 2013. Hence, it is submitted that for the period from the date of contractual appointment till the date of regularisation, their service be considered as 'under the Government' within the scope of Rule 15 of the 1976 Rules.