NISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment we propose to dispose of a bunch of 17 above captioned Letter Patent Appeals as these are directed against a common judgment dated 28.02.2013 passed by learned Single Judge dismissing the writ petitions filed by appellants.

(2.) The appellants sought regularization of their services in view of the policy decision dated 18.3.2011 issued by the Punjab State. They were engaged by Service Provider and their services were put at the disposal of the Office of Deputy Commissioner in various Districts of Punjab and Department of Excise & Taxation, Punjab. The learned Single Judge on consideration of the question as to whether the employees engaged by Service Provider would be covered by the State policy dated 18.3.2011 has declined the relief sought by the appellants after holding that there exists no relationship of employer and employees between the Government Departments and the appellants.

(3.) For convenience sake, the facts of the appellants relating to Revenue Department, Punjab are being taken from CWP No. 18619 of 2011 titled as 'Nishan Singh & others vs. State of Punjab' (LPA No. 469 of 2013). The case of the appellants in this case is that they were engaged in the year 2006 to serve on different posts like Clerks, Stenographers, Drivers, Peons and Sweepers etc. by the Service Provider against the posts sanctioned by the Punjab Government in the newly created Districts of Tarn Taran, Barnala, Mohali. The work and conduct of the appellants was statedly satisfactory and they also got appreciation letters. They were treated to be employees of the Department of Revenue and worked against the sanctioned posts. The concerned Deputy Commissioners recommended regularization of their services to the Financial Commissioner-cum-Principal Secretary to Govt. of Punjab, Department of Revenue. The appellants fulfilled all requisite educational qualifications and have gained experience during the period they have been serving under the Revenue Department of the State. On 12.12.2008, a decision was taken under the meeting convened by the Chief Secretary to Govt. of Punjab and recommendations were made that employees appointed through Service Providers may be regularised. The 'Service Provider employees' also submitted a representation to the Chief Minister, Punjab, Chief Secretary, Financial Commissioner and Deputy Commissioner concerned for regularization of their services and for grant of regular pay scales. The Government of Punjab took one time policy decision dated 18.03.2011 for regularisation of the services of the employees who have completed three years service. This policy covered the daily wagers, work-charged, contractual employees working on permanent posts appointed after fulfilling eligibility criteria as per procedure. The Education Department, Punjab took a conscious decision that the Computer Teachers 'appointed through Outsources' who had completed 21/2 years service be regularized. The appellants who are also covered under the policy have not been provided the benefit of regularization of their service and discriminated. The Subordinate Services Selection Board, Punjab-respondent No.3 vide advertisement dated 28.07.2011 called for applications to fill up various vacancies in the Revenue Department. This action of the Government of Punjab has been assailed with the plea that the regular posts in the Revenue Department cannot be filled up without considering the claim of the appellants under the policy of the Government of Punjab dated 18.03.2011.