LAWS(P&H)-1996-11-187

KULWANT KAUR Vs. STATE OF PUNJAB

Decided On November 29, 1996
KULWANT KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner had been appointed as a "Social Studies Mistress" on September 23,1974. Her claim for regularisation of service was not considered in accordance with the instructions issued by the Department vide notification dated May 3, 1977. She filed Civil Writ Petition No.1463 of 1982. When this petition came up for hearing, the State Government gave an undertaking that her claim shall be considered for regularisation in accordance with the instructions issued by the Government vide letter dated 'October 28, 1980. Consequently, the petitioner did not press the petition. In spite of this undertaking, her services were not regularised. On hearing that her claim for regularisation had been rejected, she approached this Court through the present writ petition. She prays that the respondents be directed by the issue of a writ in the nature of mandamus to regularise her services in accordance with the notification dated October 28, 1980.

(2.) The Motion Bench while admitting the writ petition gave an interim direction, that the petitioner's services shall not be terminated during the pendency of the writ petition. Resultantly, it appears that the petitioner has continued in service.

(3.) Respondents contest the petitioner's claim for regularisation only on the ground that she was over age at the time of her recruitment. On September 23, 1974, her actual age was 34 years 5 months and 6 days. It has also been admitted that Department had decided to terminated her services. However, no order was passed in view of the directions given by the Court. On these premises, the respondents pray that the writ petition should be dismissed.