POONAM RANI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner herein challenges order dated 15/05/2013 (Annexure P-20) by which she has been ordered to be relieved from services.

(2.) In brief the facts are that the petitioner was appointed as Clerk in Panchayat Samiti Fazilka on contract basis for a period of 3 years by respondent No. 5, the Panchayat Samiti Fazilka by its resolution No. 1 dated 29.09.2006. Finding her services satisfactory, her services were extended and resolutions dated 109.2007, 17.08.2009 and 203.2012 were passed for regularization of her services as Panchayat Samiti Clerk. The State of Punjab issued instructions dated 18/03/2011 regarding appointment of employees working on contract basis in different departments. It was specified that all those employees working on contract basis against Permanent posts and who were recruited by following a proper procedure having necessary qualifications, their services should be regularized w.e.f. 01/04/2011 or on completion of 3 years of service on contract basis. Pursuant to the instructions, resolution No. 2 dated 22/03/2012 was also passed for regularizing the services of the petitioner, however, no further orders were passed by the date on the resolution. Respondent No.4, Executive Officer (Fazilka) issued letter dated 15/05/2013 to the petitioner relieving her from duty to accommodate a person who had been given appointment on compassionate basis. Aggrieved, the instant writ petition has been preferred

(3.) Learned counsel appearing on behalf of the petitioner would contend that the impugned order has been passed, without giving any opportunity of hearing to the petitioner. The petitioner was on contract basis and working satisfactorily against the post of a Clerk in the Panchayat Samiti and as such, her services could not be terminated without following the principles of natural justice. Moreover, it is argued that the petitioner was appointed by the Panchayat Samiti and therefore the Executive Officer, respondent No. 4, was not a person competent to issue relieving orders dated 15/05/201 The