LAWS(P&H)-2013-2-148

JASWANT SINGH Vs. STATE OF PUNJAB

Decided On February 06, 2013
JASWANT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) BY this order, I propose to dispose of CWP No. 10293 of 2010 titled as Jaswant Singh and others V/s. The State of Punjab and others and CWP No. 10802 of 2010 titled as Jaswant Singh V/s. The State of Punjab and others, as common questions of facts and law are involved in the present writ petition.

(2.) WITH the consent of the counsel for the parties, these cases are taken up for hearing together for disposal as it is stated that the matter can be decided by a single order. Facts are being taken from CWP No. 10293 of 2010.

(3.) THE petitioners have approached this Court asserting that they have been appointed in the Ranjit Sagar Dam Project. Appointment letter dated 11.03.1996 of Nirbhe Singh-petitioner No. 5 (Annexure P-2) has been placed on record. Referring to clause 5 of the said appointment letter, it has been asserted that the petitioners were required to work anywhere in any manner i.e. in connection with the work of the Ranjit Sagar Dam Project or any work entrusted to this project anywhere in the country. Since the petitioners have been transferred out from the Ranjit Sagar Dam project to a different project, the terms of appointment have been violated and that too without their consent which amounts to sending the petitioners on deputation and the same, therefore, cannot sustain. In the light of the judgments passed by this Court in the earlier writ petitions preferred by the petitioners when they were sent on deputation to the Pepsu Road Transport Corporation and Social Security Women and Children Development Department (Annexures P-4 to P-7), his contention is that the impugned order cannot sustain and deserves to be set aside.