KULBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this petition in the nature of Certiorari for quashing impugned orders, Annexures P-8 and P-10.

(2.) The petitioner has averred that he was appointed as a Clerk on ad hoc basis against an existing vacancy of Steno-typist in the pay scale of Rs. 400-10-450-15-525/15-600. Initially, the appointment was for a period of six months. The petitioner was appointed vide office order No. 87 dated 19.3.1984 (Annexure P-1). He gave his joining report to respondent No. 2 on 21.3.1984. This appointment of the petitioner was made through Employment Exchange. It has been further averred that after the expiry of six months, the services of the petitioner were not terminated and the petitioner was allowed to continue. The period of appointment was extend from 21.9.1984 to 26.5.1985 vide order No. 201 dated 1.7.1986 (Annexure P-2).

(3.) It is further averred that after notional break of 9 days from 27.5.1985 to 6.6.1985, the petitioner was again appointed against a vacancy. The appointment was made vide order No. 125 dated 6.6.1985 (Annexure P-3). The petitioner joined his duties on 7.6.1985. Government of Punjab, Department of Personnel and Administrative Reforms circulated order dated 29.3.1985 (Annexure P-5) wherein it was stated that the services of all ad hoc/temporary employees appointed to Class-III services or posts under the Punjab Government in various departments/offices should be regularized. It was further stated in this circular that employees who had completed minimum of two years of service as on 1.4.1985 should be regularized if they fulfilled the other conditions. In para No. 1 of Circular Annexure P5, it is mentioned that while calculating the period of service, any break of notional nature falling between ad hoc/temporary appointments in the same category of posts and in the same department is to be ignored. These orders were re-considered by the State Government and the period of two years service was reduced to one year with effect from 1.4.1985. Vide order dated 8.8.1985, Annexure P-6, the Government has decided that all those employees appointed in class III services/posts on ad hoc/temporary basis and who have completed one year of servicer on 1.4.1985 be regularised. Vide letter dated 5.9.1986, (Annexure P-7), the petitioner was recommended by respondent No. 3 for regularization and the letter was forwarded to respondent No. 2. It has been stated in this letter that the petitioner was found medically fit and his character etc. were verified from the concerned authorities. Vide order dated 9.9.1986 (Annexure P-3), respondent No. 2 recommended the termination of the services of the petitioner. Respondent No. 3 again sent letter dated 16.9.1986 (Annexure P-9) to reconsider the case of the petitioner. Vide order dated 7.10.1986 (Annexure P-10), respondent No. 2 reiterated that the orders given in the previous letter i.e. Annexure P-8 be obeyed and the office of respondent No. 2 be informed about it.