GURMUKH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order of termination dated 24.03.2015 (Annexure P-10) issued by the respondent authority. A further prayer has also been made for issuance of direction to respondents to re-appoint the petitioner along with all consequential benefits and also for quashing of appointment of respondent No.4 as Driver on contractual basis in the respondent-department.

(2.) Briefly, the facts of the case as made out in the present writ petition are that the petitioner joined the respondent No.2-department as Driver on 04.01.2013 on contractual basis against consolidated salary of Rs. 9000.00. The appointment was for a period of six months commencing from 04.01.2013. Thereafter, after expiry of period of six months, the period was extended for further one year commencing from 04.07.2013. The salary of the petitioner was revised and fixed at Rs. 9900.00 per month vide order dated 24.12.2013 whereas pay scale of post of Driver was Rs. 5910-Rs.20200 + (GP) Rs. 2400.00 as per Service Rules. The petitioner approached the respondent authorities by making representation stating that other similarly situated employee, namely, Gurcharan Singh, had been drawing full salary as per pay scale whereas his salary was very meager. The salary of the petitioner was not increased. However, his period of appointment was extended vide order dated 26.06.2014. Thereafter, respondent-authorities issued an advertisement for inviting applications for the post of Driver on contractual basis in the pay scale of Rs. 5910-Rs.20200 +(GP) Rs. 2400.00. Even after publication of said advertisement, the contractual period of the petitioner was extended for further two months. As such, the petitioner rendered total service of less than two years with the respondent department.

(3.) The petitioner approached this Court by way of filing CWP No.20031 of 2014 to challenge the advertisement for appointing the Driver on contractual basis. During pendency of the writ petition, the services of the petitioner were terminated vide order dated 24.03.2015 (Annexure P-10). Said writ petition was dismissed along with other bunch of petitions vide order dated 27.05.2016 (Annexure P-11).