MANDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common order, I intend to dispose of CWP Nos.2621 and 4625 of 2003, as common questions of law and fact are involved for adjudication. For the sake of convenience, facts are taken from CWP-2621-2003.

(2.) The writ petition (CWP-2621-2003) 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. 25/11/2002 (Annexure P-6) passed by the office of respondent No.2-Director, Local Government, Punjab, whereby a termination notice was ordered to be issued to the petitioners as they did not meet the requisite educational qualifications. It was further prayed that directions may be issued to grant the petitioners the same pay scale as their counterparts.

(3.) Briefly, the facts are that in November, 1994, a general strike took place with respect to Health Wing of the Municipal Corporation, Ludhiana causing the respondents to publish a general advertisement for recruitment to the post of Drivers, amongst others, to ensure that the vehicles of the Corporation remained in working condition. Accordingly, the petitioners were hired as Drivers. Thereafter, pursuant to the order passed by this Court in CWP-4342-2000 titled 'Narinder Singh and others vs. State of Punjab,' the services of the petitioners were regularized. The petitioners also appeared before the Civil Surgeon, Ludhiana for examination and were declared medically fit for the job. However, the order of regularization was not implemented by the respondents. Some of the petitioners served a notice dtd. 22/10/2002 (Annexure P-4) seeking regularization and grant of all consequential benefits. However, instead of regularizing their services and granting them the pay scale of a Driver working on regular basis, the office of respondent No.2 issued the impugned order dtd. 25/11/2002 (Annexure P-6) regarding the termination of services of the petitioners.