GURMUKH SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance direction to the respondents to regularize the services of the petitioner, who has been serving as Chowkidar continuously since 26/6/1996 with respondent No.3, in view of the Instructions dtd. 18/3/2011 issued by the Department of Personnel, Government of Punjab.

(2.) Learned counsel for the petitioner submits that the petitioner is working as Chowkidar in the office of Child Development Project Officer, Jandiala Guru (Amritsar) since 26/6/1996. Despite the Instructions issued by the State Government, his services were not regularized on the ground that the Department of Social Security and Women and Child Development, Punjab is not mentioned in the list of Departments, services of whose employees were ordered to be regularized in view of the Instructions dtd. 18/3/2011. The petitioner has completed more than 21 years of service and is squarely covered by the judgment dtd. 19/4/2017 passed in CWP- 24735-2015 titled as "Mahavir Singh vs. State of Punjab and others".

(3.) On the other hand, learned State counsel submits that in view of the ratio of the law laid down by Hon'ble the Supreme Court in State of Karnataka vs. Uma Devi 2006 (3) SLR (1), the Government of Punjab as a one time measure vide Instructions dtd. 18/3/2011 had decided to regularize the services of work charged/ daily workers who had completed 10 years of service upto December, 2006 of only those departments whose list was attached alongwith the said Instructions. However, since the Department of Social Security and Women and Child Development Punjab was not mentioned in the said list and as such the said Instructions dtd. 18/3/2011 were not applicable to the employees of the respondent Department including the petitioner and thus, he could not be considered for regularization.