KANWALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Municipal Committee, Bhatinda, had advertised various categories of posts. The petitioners, some of whom were already working on ad hoc basis, applied for the posts of Clerks, Peons, Malis and Life-Guard for the Swimming Pool. The interviews for the various posts were held on 5th November, 1986. It may be observed that at the relevant time there was no elected Municipal Committee of Bhatinda and, therefore, the Deputy Commissioner was acting as the Administrator of the Municipal Committee. The interviews were held by the following Members of the Committee which had been constituted by the Administrator :-

(2.) On 24th April, 1986, the State of Punjab had issued instructions to the effect that preference be given in recruitment to Class III and Class IV Services to certain categories of persons enumerated therein. The categories included members of the family of a person killed as a result of terrorist action in the State and members of the families who lost their bread-winner in the riots in Delhi and other places in India between October 31 to November 7, 1984. The Government had further constituted a Placement Committee to recommend, to scrutinise the candidates falling in the above category for being interviewed, considered for appointment to the various posts by giving them preferential treatment under the above instructions. Though the Interview Committee had concluded the interviews on 5th November, 1986, but the candidates sent by the Placement Committee could not be interviewed on that day. Consequently, the interview of those candidates sent by the Placement Committee was held on 14th November, 1986. The Municipal Committee vide its Resolution No. 460 dated 12th December, 1986 (Annexure P.1) decided to appoint various persons who were selected by the Interview Committee on 5th November, 1986 and 14th November, 1986. The appointment orders were issued on 15th December, 1986 and all the petitioners joined their duties. As stated above, some of them were already working on ad hoc basis on various posts.

(3.) The State Government vide intimation sent on 26th May, 1987 (Annexure P.2) informed the Committee that the appointments made by the Administrator of the Committee vide Resolution No. 460 dated 12th December, 1986 were not being approved, for the reason that preference has not been given to the candidates who had been recommended by the Placement Committee for being considered for appointment. In pursuance of the abovesaid order of the State Government, the petitioners were relieved from their duties on 3rd August, 1987. The petitioners have assailed the validity of the order of the State Government (Annexure P.2) by way of the present writ petition.