MANINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment we shall dispose of C.W.P. Nos. 5179 of 2000, 1732 of 2000, 13650 of 1999, 3294 of 2002, 8029 of 2002, 11211 of 2002, 3527 of 2003, 13719 of 2002, 912 of 2003, 1038 of 2003, 1351 of 2003, 2073 of 2003, 15615 of 2002, 16987 of 2002, 82 of 2003, 5484 of 2003 and 6225 of 2003.

(2.) Known precept for achieving any constitutional goal enshrined in our Constitution is that State should formulate its policy and methodology in providing employment to its people which would fall in comity to the object of defined goal. The Constitution places a fundamental duty on the State to fulfil its obligations arising from fundamental rights read in conjunction with the directive principles of State policy, in favour of the people of the democratic welfare State. The State is to provide employment to its people by due adherence to the standards of equality, social dignity and respect for employer- employee relationship. The State and its instrumentalities are ideopraxists to attain the object of constitutional mandate of socio- welfare policy, including the employment. This obligation of the State attains wider dimensions when it has to deal with the persons employed by it on casual or daily wage basis for years together. Such persons serve the State on dictated terms to ensure their existence and do work continuously for number of years uninterruptedly without any benefit or assurance of continuity of their service in that department.

(3.) Fairness in State action must not only be done but must also appear to have been done.