BADAL SONI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India is filed seeking direction to respondents not to dispense with services of the petitioner and allow him to continue.

(2.) The Punjab Roads and Bridges Development Board (for short Board ) was constituted in terms of Section 3 of Punjab Roads and Bridges Development Board Act, 1998 (for short Act ). As per Section 5 of the said Act, Board may with the approval of the government create such posts and appoint such Officers and other employees as it may consider necessary for the efficient discharge of its functions. As per Section 5(2) of the Act, the conditions of service of Officers and other employees appointed by Board shall be regulated by the Regulations made by Board. The petitioner was appointed as Project Manager (Environment) on contract basis by Board and for said purpose, an agreement dated 16.04.2018 was executed between petitioner and Board. The appointment letter dated 26.03.2012 was issued wherein it was specifically mentioned that appointment is on contractual basis, for a period of one year which may be extended. As per terms and conditions of the agreement, the petitioner could be removed from services at any time on one calendar month s notice. The tenure of petitioner was extended from time to time and as per agreement dated 22.11.2017, the tenure was extended up to 31.02.2017 or till his services are required whichever is earlier. The petitioner was party to said agreement and it is not a case of the petitioner that there was unilateral agreement whereas petitioner consciously executed said agreement which was extended from time to time.

(3.) Learned counsel for the petitioner, inter alia, contended that petitioner is having additional charge of Project Manager (Road Safety) since May 2012 and he has earned degree of Bachelor of Engineering and Post Graduate Degree in Environment from reputed University. State Government has brought Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Out Sourced Employees Welfare Act, 2016 and petitioner being contractual employee is protected by said Act. The Punjab Government vide instructions dated 28.08.2017 has directed departments in the State of Punjab that services of such employees, who are already working on contract or through out-sourcing Agency and Administrative Department need them, be extended till 31.03.2018 or till the decision of Government or court with regard to Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Out Sourced Employees Welfare Act, 2016. Mr. P.N. Roy as well Mr. Sandeep Sharma were appointed on contractual basis like petitioner but their services have been extended beyond 31.12.2017 and non extension of contract of the petitioner amounts to violation of Article 14 and 16 of Constitution of India.