RANI KUMARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in this case were appointed as J.B.T. teachers on ad hoc basis through Employment Exchange in the Punjab Education Department. Petitioner No. I was appointed on 30th July, 1973 and petitioner No. 2 on 22nd March, 1969. They worked with the department efficiently and to full satisfaction of their superiors. Vide policy circular letter dated 28th October, 1980, the State of Punjab decided to regularise the services of all those ad hoc employees who were working on ad hoc basis and had completed a minimum period of one year's service on 30th September, 1980. The petitioners had already completed a period for more than one year's regular service before that day and they were working on regular vacant posts. They were fully qualified for the posts of J.B.T. teachers. They submitted their cases for regularisation of their services in view of policy circular letter annexure P-2, but instead of regularising their services, the District Education Officer, regularisied the services of Balbir Kaur and Pritam Singh, and posted them against the posts held by the petitioners. This act of the District Education Officer was highly arbitrary and discriminatory. The petitioners, thus, filed this writ petition for issuance of appropriate writ directing the respondents to regularise their services in view of the instructions issued by the State of Punjab from time to time and for issuing a writ of prohibition restraining the respondents from terminating their services till regularisation was finalised.

(2.) The petition was resisted by the respondents on the grounds that the persons senior to the petitioners were to be regularised first, as regularisation was done on the basis of 'first come first served'. This fact was admitted that the petitioners fulfil the condition of completing one year's service. But it was contended that as there was no regular post available for the petitioners, their services could not be regularised.

(3.) In the replication filed by petitioner No. 1 in the form of an affidavit, she affirmed that on 6th January, 1982, respondent No. 2 issued instructions to all the District Education Officers in the State that the services of ad hoc .J.B.T. teachers be regularised on the basis of their length of service. It was further decided that any break which occurred in their service during their total period of service rendered by the employees from the date of appointment to 30th September, 1980 should be taken into account inspite of the fact that there was a break of more than one month before 1st October, 1979. A copy of letter, annexure P-5 was placed on record.