JAGJIT RAI JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AGGRIEVED of order dated 11.10.1995 (Annexure P -9) passed by the Chief Engineer (Drainage), Irrigation Department, Punjab respondent No. 2 whereby order dated 18.02.1994 regularizing his services with effect from his initial appointment on adhoc basis had been withdrawn, by this writ petition, the petitioner has sought the said order to be quashed. The petitioner has also sought issuance of a writ of mandamus directing the respondents to place him in the seniority list taking as regular with effect from 23.11.1977 that is the date of his initial appointment on adhoc basis. The petitioner had joined initially as Draftsman on ad -hoc basis at Anandpur sahib Hydel Project on 23.11.1977. Services of the petitioner alongwith four others were regularized w.e.f. 23.11.1977 in pursuance of order dated 31.01.1994 (Annexure P -3). He was promoted as Divisional Head Draftsman vide order dated 31.01.1995 (Annexure P -5). Posting orders of 20 persons other than the petitioners, were issued on 14.04.1995 (Annexure P -6). The petitioner approached this court vide CWP No. 6064 of 1995. On 25.05.1995 vide order (Annexure P -6) promotion orders of the petitioner were cancelled whereafter he was reverted to his original post of Draftsman. During pendency of this writ petition, order dated 25.05.1995 was also challenged.

(2.) OBSERVING that the earlier order of regularization of services of the petitioner with effect from his initial joining on 23.11.1977 had not been withdrawn, his seniority at Sr. No. 584 was taken to be intact. The writ petition was, thus, disposed on 01.08.1995 vide order (Annexure P -8).

(3.) STAND of the respondents is that date of joining of the petitioner viz. 23.11.1977 on adhoc basis cannot be taken to be the date of regularization of services of the petitioner. Elaborating this aspect further it is mentioned that as per policy of the Government, adhoc services rendered by an employee is not to be counted towards regularization. It is claimed that the impugned order was rightly passed. Validity and legality of regularization of services of the petitioner w.e.f. 01.10.1980 is asserted.