LAKHVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition by Lakhvinder Singh under Articles 226 and 227 of the Constitution seeking a direction to the respondents to permit him to join the service as per the Resolution dated August 30, 1995 passed by the Notified Area Committee, Khem Karan, District Amritsar.

(2.) The petitioner was appointed as a Clerk in the Notified Area Committee, Khem Karan on contract basis on July 20, 1993 on a fixed salary of Rs. 1,000/- (Annexure P-1). The Notified Area Committee passed Resolution No.44 dated August 8, 1994, whereby the services of the petitioner were converted into those on daily wages. The petitioner thus worked as a daily wager after the expiry of the contractual appointment. The Notified Area Committee came to be subsequently known as Nagar Panchayat'. A resolution was passed by the Nagar Panchayat on July 31, 1975 seeking approval from the Regional Deputy Director, Local Bodies, Amritsar, for two regular posts of Clerks and two regular posts of Peons. The Regional Deputy Director accorded approval for these posts by letter dated August 16, 1995 (Annexure P-4). Regular appointment was, however, given by the Nagar Panchayat to the petitioner by Resolution No. 28 dated August 10, 1995 (Annexure P-5). Salary for the month of November, 1995 was, however, stopped. The petitioner was not allowed to work on the ground that his services had been terminated. The grievance of the petitioner is that no show cause notice was given to him before the termination nor any enquiry was made against him. He has also not been paid his salary.

(3.) Respondent No.4 (Nagar Panchayat) has pleaded that operation of the Resolution dated August 30, 1995, by which the petitioner was appointed on regular basis, was stayed by the Regional Deputy Director, Local Bodies, Amritsar by order dated September 27, 1995 (Annexure R-4/1). This order was passed on the ground that the post had not been filled up on regular basis after advertisement and requisition to the Employment Exchange. Besides, the petitioner was a Matriculate in Third Division and did not possess the requisite qualifications for the post of Clerk. The petitioner was, however, allowed to continue as a daily wager. He refused to work as a daily wager and absented from duty from November, 1995. Posts were advertised in the newspaper "The Tribune" on October 13, 1996. Requisition was also sent to the Employment Exchange. The petitioner also applied for the post on October 15, 1996 (Annexure R-4/2). The petitioner and other candidates were called for interview. The petitioner was, however, not selected as he was not found suitable. The Selection Committee, constituted by the Nagar Panchayat, recommended, the names of Shamsher Singh and Manjit Kaur for the posts of Clerks. The aforesaid selected persons were appointed on regular basis by Resolution dated December 20, 1996 (Annexure R-4/3). The petitioner absented himself from duty from November, 1995 as is clear from Annexure P-12. He filed a writ petition (C.W.P. No.5989 of 1997) with the plea that he was still working as a Clerk but his salary was not paid to him after April 9, 1997. The said petition was disposed of on February 24, 1998 by a Bench of this Court with a direction that if the petitioner was still working, he may file a representation before the Nagar Panchayat for the release of his salary.