RATTAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to reinstate the petitioners in service in accordance with the instructions issued by the Government vide circular letter dated September 26, 1996.

(2.) There is no dispute between the parties that the petitioners were appointed as Sewadars in the office of the Assistant Excise and Taxation Commissioner with effect from January 15, 1996 for a fixed period of 89 days and their services were terminated on June 27, 1996. The grievance of the petitioners is that inspite of the instructions issued by the Government on September 26, 1996 in the purported compliance of the orders passed by this Court in Civil Writ Petition No. 12080 of 1996. decided on August 16, 1996, the respondents have not reinstated them in service and in this manner, their fundamental right to equality in the matter of employment has been infringed.

(3.) The respondents have justified their action to discontinue the services of the petitioners primarily on the ground that they were appointed for a fixed period and on the basis of such appointment they did not acquire any legal right to remain in service. In para 5 of the written statement, the respondents have made the following statement: