YOGESH SHARMA Vs. MS. SAROJNI GAUTAM SHARMA

JUDGEMENT

(1.) The services of the petitioners, who were working as Tubewell Drivers, Sewermen, Fitters, etc., were regularized by the Municipal Corporation, Jalandhar in terms of government instructions issued in October, 2001. Those orders, however, were later on withdrawn and their services were de-regularized. Aggrieved, the petitioners filed CWP No. 19252 of 2001 wherein, as an interim measure, operation of the orders de-regularizing the petitioners' services was stayed. Finally, the said writ petition was allowed by a Division Bench of this Court on 28.8.2003 and after quashing the order vide which the petitioners' services were deregularized, the matter was remitted to the Corporation to reconsider the case of the petitioners for regularization of their services. The afore-mentioned order passed by this Court was assailed before the Hon'ble Supreme Court. However, the SLP was dismissed vide order dated 29.11.2004 (Annexure P-9).

(2.) It appears that services of the petitioners have thereafter been regularized by the Municipal Corporation. However, their claim of consequential benefits for the interregnum period has not been considered or decided.

(3.) Learned Counsel representing the authorities of the respondent- Corporation submits that as per the written instructions received by him, the services of the petitioners have been regularized on different posts and they are drawing salary in regular pay scale with effect from 1.11.2005. However, Shri Chopra, Learned Counsel for the petitioners, contends that since no fresh orders of regularizing their services have been passed or conveyed, the petitioners are deemed to be continuing on regular basis pursuant to the original order of regularization of their services, dated 12.10.2001.