STATE OF PUNJAB Vs. KULWANT SINGH

JUDGEMENT

(1.) Petitioners in the original list i.e. Civil Writ Petition No. 17345 of 2000, who have put in service ranging from 10 years to 17 years as Pump Operators, Patrolmen, Mali-cum-Chowkidar, Beldar, Truck Cleaner and Ledger Keeper in the P.W.D. Public Health Department successfully sought a writ so as to regularise them in service.

(2.) There is no dispute on facts insofar as duration of the petitioners working on the post, as mentioned above, is concerned. Learned single Judge, while relying upon the ratio of two judgments of Hon'ble Supreme Court in Chief Conservator of Forests v. Jagannath Maruthi Kondhare AIR 1996 SC 2898 : 1996 (2) SCC 293 : 1996-1- LLJ-1223 and State of U.P. v. Putti Lal 1999-III-LLJ (Suppl)-556 (All-DB) and some other judicial precedents, held that the petitioners had put in more than, 10 to 11 years and some of them have put in 7 to 8 years of service and that their services are required to be regularised. State of Punjab was, thus, directed to create posts for them and consider them for regularisation. The State was. further directed to regularise the services of those, who had put in more than 6 years of service.

(3.) Ms. Nirmaljit Kaur, learned Additional Advocate General, Punjab representing the. appellant State contends that the impugned judgment passed by learned single Judge runs counter to the policy that was framed by the Department, Annexure R/1 dated January 23, 2001, inasmuch as, under Clause-I of the Policy aforesaid, it is clearly mentioned that no new posts are ordinarily to be created to absorb and regularise existing work charged-daily wage and other categories of workers. The only contention raised by the learned counsel for the appellant in the facts and circumstances of this case cannot be accepted.