ARJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a beldar in the Public Works Department (Buildings and Roads Branch), prays for the issue of an appropriate writ, order or direction to the respondents not to remove him from service. He avers that he had joined service on June 1, 1990 to temporary basis and had been continuously in employment till the filing of the petition on October 22, 1993. By virtue of the interim order passed by the Motion Bench on November 1, 1993, the department was restrained from terminating his services.

(2.) The respondents contest the petitioner's claim on the ground that he had been engaged as a casual labourer on temporary Muster Roll according to the requirements and the availability of work. It has been categorically averred that the petitioner had not continuously worked as Beldar nor was he presently working in the department. Furthermore, a Civil Misc. Application No.12408 of 1994 was filed by the department for the vacation of the stay order, wherein it has been suggested that the petitioner had not completed 240 days of service in any calendar year and that his continuance in service was an avoidable burden on the State Exchequer. Along with this application, details of the number of days for which the petitioner had worked from June 30, 1990 onwards have also been furnished. A perusal of this document shows that the petitioner was not employed with the respondents from August 1, 1991 to February 29, 1992 and for the months of December, 1992 and January, 1993. On a number of occasions, he had worked only for a few days during a month. It further appears that he was not working with the respondents after July, 1993.

(3.) The petitioner has not filed any affidavit to controvert the factual position as disclosed in the written statement to the writ petition or in the aforesaid Misc. application.