PUMMY SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of both the above-mentioned petitions as they arise from the same factual matrix. However, for the sake of brevity, the facts are taken from CWP No.18043 of 2017.

(2.) The petition (CWP No.18043 of 2017) 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 letter dtd. 26/4/2017 (Annexure P-9) issued by respondent No.3 as well as impugned order dtd. 6/7/2017 (Annexure P-11) passed by respondent No.4, implementing the decision of respondent No.3, in so far as it retrospectively stays the process of regularization of services of the petitioners. A further prayer is made for issuance of a writ in the nature of mandamus directing the respondents to complete the process of regularization of their services. FACTUAL BACKGROUND

(3.) Tersely put, the facts are that the petitioners are working as Teachers, on a contractual basis, with respondent No.5-Shivalik Model Senior Secondary School which is run and managed by respondent No.4-Municipal Council, Nangal. Petitioner No.1 is employed as a Trained Graduate Teacher (TGT) and petitioners No.2 to 5 are Primary Teachers (PRT), petitioners No.6 to 8 are Lab Attendants while petitioners No.9 and 10 are working as Aya. The petitioners applied to the said posts in furtherance of the advertisement dtd. 28/3/2008 (Annexure P-1) and were subsequently invited for interview vide letters dtd. 2/1/2009 issued by respondent-Council. The duly constituted Selection Committee conducted the scrutiny of documents of applicants as well as their interview. Ultimately, the selection process was finalized vide order dtd. 19/1/2009 (Annexure P-3) passed by the Administrator, Municipal Council, Nangal and the petitioners were appointed to their respective posts on contractual basis by issuing appointment letters dtd. 4/2/2009. Subsequently, the petitioners were ordered to be regularized in view of the meeting of the respondent-Council dtd. 26/12/2016 (Annexure P-6), however the implementation of the same was stayed vide letter dtd. 26/4/2017(Annexure P-9) issued by respondent No.3. Rather, the respective contracts of the petitioners were retrospectively renewed with effect from 10/2/2017 to 9/8/2017, as indicated by Annexure P-12. Aggrieved by the same, the present writ petition was moved before this Court. CONTENTIONS