MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is being employed as seasonal worker (Sprayman/Swasth Sahayak) since 1982 has been compelled to file this writ petition on account of wholly arbitaray and unreasonable action of the respondents to deny re-employment to him.

(2.) In compliance of the direction given by the High Court while deciding C.W.P. No. 11015 of 1991, the Director, Health and Family Welfare, Punjab prepared and circulated a scheme on 9.12.1991 for employment/re-employment of seasonal staff. One of the features of this scheme is that the seniority of the seasonal worker in a particular category shall be the criteria for re- employment and the Civil Surgeons are required to prepare seniority list of Fieldmean (Spraymen/Supervisors) with 1988 as the base year.

(3.) In 1996, the respondent No. 2 employed junior persons ignoring the seniority of the petitioner on the ground that he has become over-age. This was challenged by him in C.W.P. No. 9496 of 1996, which was allowed by the High Court on 20.11.1996 with a direction to the respondent No. 2 to consider the petitioner's case for recruitment as a seasonal worker as per his seniority.