JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in the instant writ petition came to be appointed as Beldars in the Military Farm, Bir Dhantauri, District Kurukshetra, in 1990. It would be pertinent to mention, that the Military Farm under reference, had made a requisition to the Employment Exchange. The names of the petitioners had been sponsored by the Employment Exchange and thereupon, they were engaged at the aforesaid Military Farm. It is also clear from the pleadings of the instant case, that a seniority list of persons appointed on daily wage basis, including the petitioners, whose appointment was also on daily wage basis, had been prepared and finalised.

(2.) After the petitioners had worked for some time, they claimed regularisation in service on the basis of policy instructions dated 16.12.1991, wherein, it was, inter-alia, provided that the existing employees appointed through the Employment Exchange, and possessing experience for a period of two years on casual basis, would be eligible for appointment in the regular establishment without further reference to the Employment Exchange. Learned Counsel for the petitioners has also invited our attention to paragraph 8 of the aforesaid policy instructions, which mandates, that the programme for regularisation of casual labour under the instructions dated 16.12.1991, should be completed at the earliest, but not later than 31.1.1992.

(3.) While the petitioners were continuing as Beldars at the Military Farm, Bir Dhantauri, District Kurukshetra, they feared retrenchment. It is, therefore that the petitioners approached the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the Administrative Tribunal), by filing Original Application No. 1138-HR of 1992, claiming the right to continue in service, as also, regularisation under the policy instructions dated 16.12.1991. During the pendency of Original Application No. 1138-HR of 1992, the Administrative Tribunal, vide an interim order dated 23.9.1992 directed the respondents to maintain status quo, qua all the applicants (petitioners herein). In view of the aforesaid order passed by the Administrative Tribunal, the petitioners continued to discharge their duties as Beldars till the aforesaid Original Application was finally disposed of by an order dated 28.7.1999.