SIMLA DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Although the petitioner has approached this Court on umpteen times yet her grievances have remained un-redressed. This is another petition filed by her under Article 226 of the Constitution with a prayer for quashing order dated 20.5.2002 (P-18) whereby her representation seeking regularisation of her services has been rejected, A further prayer has been made to issue directions to the respondents to extend the benefit of the Division Bench judgment of this Court in the case of Swaran Kaur and Ors. v. State of Punjab and Ors. C.W.P. No. 2117 of 1997, decided on 17.7.1997 (P-5). Accordingly, a direction has been sought to regularize the, services of the petitioner on the basis of the policy dated 4.3.1999 (P-l 1) with all consequential benefits such as fixation of pay, seniority and payment of arrears etc. to the petitioner.

(2.) Brief facts are that the petitioner was registered with the Employment Exchange, namely the District Employment Officer, Bathinda, on 28.9.1992. She was appointed as Class-IV employee on part time basis in the office of the Civil Surgeon, Bathinda, in the same year on a fixed salary of Rs. 502/- per month. She continued to work as such for some time. On 19.8.1993, her services were terminated. She sought a reference, which was decided against her by the Labour Court on 17.1.1996. The award of the Labour Court was set aside in C.W.P. No. 4201 of 1996, decided on 28.8.1996, which was filed by her. The case was remanded back to the Labour Court for deciding the reference afresh. The Labour Court again decided against the petitioner vide its award dated 22.5.1997. T he petitioner a gain challenged t he award of the Labour Court by filing C.W.P. No. 9606 of 1997. The petition was allowed by a Division Bench of this Court directing reinstatement of the petitioner into service. The Division Bench judgment is reported as Simla Devi v. Presiding Officer, Labour Court, Bathinda (1998-2)119 P.L.R. 173. As per the direction, the petitioner has been taken back in service and paid the arrears of salary from 19.8.1993 till the date of rejoining i.e. 28.2.1998. The petitioner made two representations dated 1.7.2000 and 5.6.2001, inter alia, to regularise her services claiming that she has been working as part time worker for the last about 10 years. She filed C.W.P. No. 12349 of 2001. A Division Bench of this Court disposed of the writ petition on 20.8.2001 (P-13) directing the respondents to decide her representation by passing a speaking order. On 31.12.2001, respondent No. 3 i.e. Civil Surgeon, Bathinda, rejected her representation (P-15). The petitioner again filed C.W.P. No. 2920 of 2002 in which prayer was made for quashing the order dated 31.12.2001, respondent No. 3 has rejected the claim of the petitioner for regularisation of her services by passing the order that 'The representation of Smt. Simla Devi part time worker for regularization of services is rejected after consideration. There are no instructions of the Punjab Government for regularization of the services of part time'. A Division Bench of this Court set aside the order passed by respondent No. 3 with a direction to pass a fresh order within the specified time. The order passed by this Court reads as under:

(3.) In pursuance to the direction issued by this Court, the petitioner was asked to disclose her date of birth and educational qualifications. She filed an affidavit (P-17) disclosing that her date of birth is 3.3.1955 and she had gone to school for 2/3 years. It was further mentioned that she could sign her name but has no certificate to her credit. After considering the case of the petitioner, the Screening Committee recorded the following Order (P-l 8):