SHINDER SINGH Vs. PUNJAB SCHOOL EDU BOARD

JUDGEMENT

(1.) The 12th petitioners in this case were appointed as Clerks in the Punjab School Education Board "on adhoc basis for 89 days...". These appointments were made during the period form February 1993 to January 1994. The adhoc appointments made in the Board were challenged through Civil Writ Petition No. 1046 of 1994. After hearing counsel for the parties, the Motion Bench (to which one of us was a party) disposed of the writ petition by directing that "the adhoc appointment will not continue for more than six months or till the appointment to the posts of Clerks and peons are made on regular basis whichever is earlier. It is further directed that the adhoc appointment beyond the advertised posts of clerks will also not be continued for more than six months. If the Board so desires, action should be initiated for filling those posts on regular basis". Vide order dated September 15, 1994, the period of adhoc appointment was extended till October 31, 1994. The petitioners pray that "a writ in the nature of mandamus be issued to the respondents to continue with them till such time as regular recruitment to the posts of Clerks are made in accordance with Regulation 8(1) and 8(2) of the Employees Service Regulations, 1988".

(2.) Mr. Hira Lal Sibal, learned counsel for the petitioners has contended that the petitioners had a right to continue till such time as the Board makes regular appointments. He has further submitted that since the petitioners were not parties in Civil Writ Petition No. 1046 of 1994, the services of the petitioners cannot be terminated in pursuance to the directions given by this Court. It is also contended that on the completion of 240 days of service, the petitioners have a vested right to hold the posts of Clerks in the Respondent-Board.

(3.) Before proceeding to consider these submissions, a few provisions of the Act and relevant Service Regulations may be briefly noticed. The Punjab Legislature enacted 'The Punjab School Education Board Act, 1969' to "provide for the establishment of Board of School Education in the State of Punjab". Section 14 of the Act inter alia provides that the Chairman shall be the administrative head of the Board. It is further provided that "in any emergency arising out of the administrative business of the Board, which in the opinion of the Chairman requires immediate action, the Chairman shall take such action as he deems necessary and shall thereafter report the action to the Board at its next meeting. Section 15 provides for the appointment of a Secretary. Under Section 24, the Board has been empowered to frame regulations for "carrying out the provisions of this Act...". Under sub clause (b) of Clause (2), the Board can make regulations providing for"the terms and conditions of service" of its officers and Secretary. In exercise of this power, the Board has framed the Regulations called 'The Punjab School Education Board (Employees Service) Regulations, 1988' (hereinafter referred to as the Regulations). Regulation 8 deals with the appointments to different posts. It provides as under: