SAT PAL BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of CWP Nos. 14617 & 19039 of 2008 as common questions of law and facts are involved in both the petitions.

(2.) "Public employment" opportunity is national wealth. In the words of Hon'ble Mr. Justice Chinnappa Reddy, in the case of State of Maharashtra v. Chandcrbhan and Anr. : AIR 1983 S.C. 803, Article 16 of the Constitution of India provides for equal opportunity to all the citizens of the country to seek public employment. Thus every citizen has a right to apply, compete and be considered for public employment of course, subject to the qualifications, eligibility and other such conditions as may be required and imposed by the State employer for any post or office. Re -employment in public service, however, cannot be construed and be considered as a part of the employment. Reemployment is a matter of convenience and need and no person after serving the tenure of service has a right of re -employment. It is mutual contract, convenience and need of the employer and the employee, if both are willing to serve each other, on considerations as may be agreed to. In the State of Punjab, a peculiar legislation came to be enacted. Initially, an Ordinance, namely, the Punjab School Teacher Reemployment Ordinance, 2006 (Punjab Ordinance No. 2 of 2006) was promulgated which was replaced by an Act of the State Legislature, the Punjab Teachers Re -employment Act, 2006 (hereinafter referred to as "the Re -employment Act"). The Re -employment Act was notified on 11th October, 2006 and by virtue of Sub -section (ii) of Section 1, it came into operation at once. Section 3 of the Re -employment Act. is the sole and body of the Legislation. The said Section reads as under:

(3.) THE purpose and object for which such a law was enacted, is evident from the Preamble of the Re -employment Act which, inter alia, reads as under: