MUKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari for quashing the impugned speaking orders dtd. 2/7/2019 (Annexure P-1) and 13/9/2024 (Annexure P-2) passed by Respondent No.3. Further, a writ in the nature of Mandamus is sought directing the respondents to grant the petitioners the benefit of minimum of regular pay scale (Basic Pay + Grade Pay) along with Dearness Allowance at par with regular Drivers/Conductors of Punjab Roadways, and to release all consequential arrears from the respective dates of engagement of the petitioners and/or from 26/10/2016, whichever is earlier, along with interest @12% per annum till actual payment.

(2.) Learned counsel for the petitioners inter alia contended that the petitioners are/were working as Drivers and Conductors, engaged with Punjab State Bus Stand Management Company Limited (hereinafter referred to as 'PUNBUS') (Respondent No.3), which is a fully owned Government Company functioning under the administrative control of the Transport Department, Government of Punjab (Respondent No.2).

(3.) It is contended that the petitioners were engaged from the year 2010 onwards. In the year 2015, after due process of selection including written test, driving/skill test (as applicable), scrutiny of eligibility qualifications, verification of licences and medical fitness, they transitioned from outsourced workers to being engaged on contract basis. The advertisement issued for such recruitment has been annexed as Annexure P-