NISSAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In all these petitions prayer has been made by the petitioners for issue of a direction to the respondents to regularise their services and, therefore, it will be appropriate to decide them by a common order.

(2.) Before adverting to the facts of each case, it is necessary to mention that these petitions had been disposed of by the High Court in the year 1990 by passing an order that the representations made by the petitioners for regularisation of their services be decided by the competent authority within a period of six months. In some cases the court directed that the petitioners may make representations which shall be decided within six months. Directions were also issued by this court that status-quo regarding services of the petitioners be maintained. Instead of deciding the representations of the petitioners, the State of Punjab and its functionaries filed Special Leave Petitions before the Supreme Court on an assumption that the High Court had passed an order directing the regularisation of the services of the petitioners on the basis of the decision of Division Bench in Piara Singh Vs. State of Haryana, 1988(4) SLR 739. Counsel appearing in the Supreme Court on behalf of the State of Punjab did not bring it to the notice of the Supreme Court that the only direction given by the High Court was for the decision of the representations made by the petitioners. When the case came up before the Supreme Court for hearing, their Lordships disposed of the same by passing separate orders dated 21.1.1991 and 4.3.1991. It appears, thereafter, that some applications were filed before the Supreme Court and on the basis of such applications following order dated 13th Sept., 1993 came to be passed by the Apex Court:-

(3.) Civil Writ Petition No. 1618 of 1990 has been filed by Nissan Singh and Dial Singh, both of whom are servicing as Conductors in Punjab Roadways Depot-II, Amritsar. They joined service in Punjab Roadways from 4.7.1983 and served upto Dec., 1985. They were re-appointed on 18.5.1987 and were working as such till the date of filing of the writ petition i.e. 7.2.1990. Petitioners have stated that they were initially appointed on the basis of selection made by the Divisional Manager after calling their names from the Employment Exchange. Petitioners have alleged that during the course of service, they have received training and they fulfil all the conditions on the basis of which they are entitled to be regularised in service. The petitioners have relied on the decision of the Division Bench in Piara Singh Vs. State of Haryana (supra) and prayed that the respondents be directed to regularise their services as per the judgment in Piara Singh's case.