NAVNEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Grievance of the petitioner, inter alia, who is stated to be working uninterruptedly since 31.10.2011 as Director(Computer) is qua her non consideration for regularization of her services in terms of her appointment per advertisement dated 29.09.2011(Annexure P-3), pursuant whereto she had applied and was selected and appointed.

(2.) While issuing notice of motion, my learned Senior Brother Jaswant Singh, J had succinctly summed up the case in following terms:- "Petitioner-Dr. Navneet Kaur was appointed on contract basis for a period of five years w.e.f. 31.10.2011 on the newly created post of Director (Computer) by the Punjab School Education Board (for short 'the Board') after advertisement and following proper procedure of selection. As per advertisement, the petitioner was entitled to be considered for regularization on completion of five years of contract period. The grievance of the petitioner is that inspite of her work and conduct being satisfactory, her case is not being considered for regularization on completion of contract period on 27.10.2016 for extraneous reasons at the hand of the Government, ostensibly in exercise of the powers of the Government under Section 21(1) of the Punjab School Education Board (Amendment) Act, 2005 (for short 'the Act'). Ancillary prayer is for release of withheld salary of the petitioner since March 2015. It is, inter alia, contended that as per the powers vested with the Board, the engagement of the petitioner is perfectly legal and justified. Even the Board in the light of work and performance of the petitioner is inclined to regularize the services of the petitioner, however, the Government is not inclined to grant approval to the same under the misplaced interpretation of the powers vested under Section 21(1) of the Act."

(3.) Before adverting to the case, it would be apposite to reproduce the relevant clause of the advertisement(Annexure P-3) mentioned in the aforesaid order, as below:-