RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been preferred under Articles 226/227 of the Constitution of India seeking issuance of writ in the nature of certiorari for quashing of impugned order dtd. 3/3/2025 (Annexure P-12). Further a writ of mandamus has been sought, directing the respondents to count the past service of the petitioner towards regularisation and calculation of pension.

(2.) Briefly, the facts are that the petitioner joined respondent No.3-Municipal Council, Khanna as a Tubewell Operator on 14/9/1992 (Annexure P-2). His services were eventually regularised on 29/12/1994 as he had completed 240 days in service up to 31/10/1993 in terms of instructions dtd. 19/12/1993 (Annexure P-4). However, on 29/3/1994, the services of the petitioner were terminated without issuing any show cause notice in this regard. Aggrieved by the same, the petitioner approached the Industrial Tribunal, Ludhiana. Vide award dtd. 28/7/2011 (Annexure P-5), the learned Tribunal directed that the services of the petitioner be reinstated with continuity of service and full back wages.

(3.) Thereafter, a resolution (Annexure P-6) was passed by the respondent/Council whereby it was agreed that the petitioner be reinstated subject to him furnishing an affidavit claiming that he would not claim any arrears. In order to regain employment, the petitioner submitted an affidavit dtd. 2/11/2011 (Annexure P-7) to this effect. Accordingly, vide resolution dtd. 24/9/2011, the petitioner was given a fresh appointment, as discernible from letter dtd. 21/6/2012 (Annexure P-8). The petitioner moved a representation before respondent No.2- Director, Department of Local Self Government stating that his services w.e.f 23/7/1992 to 25/6/2012 also be counted towards regular service for the purposes of increment and pensionary benefits. However, his claim was denied vide impugned order dtd. 3/3/2025 (Annexure P-12).