GURJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment would dispose of CWP Nos.7695 of 2004, 2789,3450,4102 and 5680 of 2006, as the common question of law has been raised and the relief claimed is also similar. The facts are being taken from CWP No.7695 of 2004.

(2.) The petitioners have invoked the extraordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, for seeking issuance of a writ in the nature of mandamus directing the respondents to allow the petitioners to continue on the respective posts occupied by them, instead of appointing the regularly selected candidates, in view of the fact that vacant posts are in existence. Further, writ of certiorari has been prayed for quashing any order which may have been passed by the respondents for terminating the services of the petitioners.

(3.) The petitioners had been appointed as Lecturers upon the basis of an advertisement issued and considering the claims of all the eligible persons accordingly. The details of all the petitioners in the present petition has been given in para 2 of the petition and the same need not be reiterated. The petitioners had been initially appointed on a fixed salary. This approach on the part of the respondents was challenged by way of writ petition filed before this Court, which was dismissed and that the order of dismissal was challenged by way of Special Leave Petition before the Hon'ble Supreme Court. The prayer for regularization had been rejected but were held entitled to the minimum of the scale with an observation that they would continue on the post till regularly selected persons are appointed. Copy of the order passed by the Hon'ble Supreme Court has been appended as AnnexureP1.