SWARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners seek regularisation of their services under the policy of regularisation, vide copies annexed in this writ petition as Annexures P5 and P6 and also pray for grant of pay at par with the regular employees in the Department of Education.

(2.) The petitioners excepting Hari Chand (petitioner No. 22) and Surjit Kaur (petitioner No. 26) were appointed as part-time Sweepers in various Educational Institutions in the State of Punjab. About 15-20 years back they were appointed by the Head Teacher/BPO/Head Master without any reference to the Employment Exchange. Petitioner No. 22 Hari Chand was working as a Chowkidar at Goverment High School, Taipala while petitioner No. 26 Surjit Kaur was working as a Water Carrier at Government High School, Mardapur. The grievance of the petitioners is that despite their rendering services for a number of years they have not been regularised. Reference has been made to the notification dated 7.5.1993 issued by the Punjab Government revising the policy of regularsation of ad hoc employees. Under the policy aforesaid, daily wage/casual workers who have completed ten years or more service as on 30.8.1992 were considered for regularisation with effect from 1.9.1992 on availability of the posts. These instructions also covered the contingent paid or temporary staff on part time basis in the police battalion of the Police Department such as cooks, dhobies, barbers, mochies (cobblers), tailors, carpenters, masons, sweepers and water carriers only after the completion of the modalities before hand like conversion/creation of the part time posts to regular posts within specified pay scales for each of them and declaring these part time temporary incumbents as daily-wage workers. Later on, in 1995, the Government of Punjab issued an order for regularisation of the services of all work-charge employees/casual daily wagers under the Punjab Government in various Departments. These instruction were also applicable to contingent paid or temporary staff on part-time basis in the Police Department vide copy Annexure P5 with the writ petition. The petitioners sought the regularisation by serving a legal notice on the respondents. The Director of the Public Instructions, Punjab, respondents No. 2 and 3 issued letter dated 23.7.1996 replying to the legal notice of the petitioners Annexure P2. The District Education Officer (Roop Nagar) sent a reply dated 6.11.1996 informing the petitioners that the Government had not issued instructions regarding the regularisation of the part-time employees. The copies of the letters are annexed as Annexures P3 and P4 to the writ petition. The petitioners have cited a judgment of this Court in the case of Surender Singh and another v. The State of Haryana and others, 1992 2 SCT 125 (SC), CWP No. 17 of 1991 decided on 18.11.1991 and annexed copy of the judgment as Annexure P7. Reference has also been made to a Civil Writ Petition No. 2783 of 1995, Gurdev Kaur v. State of Punjab and others, 1992 2 SCT 125(SC). The petitioner of that case, namely, Gurdev Kaur was appointed 15 years back as a part-time worker and her services were terminated upon the arrival of a regular incumbent. The petition was allowed by this Court and a direction was issued to the respondents to reinstate the services of the petitioner and regularise her services against the available vacant post of Water Carrier/Dai.

(3.) Respondents No. 1 to 7 filed their written statement wherein it was, inter-alia, alleged that the petitioners were working as part time sweepers and their emoluments were paid from the contingency funds. No appointment letter had been issued to the petitioners who were allowed to work for a short time by the Incharge of the respective institutions. It was further alleged that there were instructions/Rules/Policy to regularise the services of the part time sweepers of the Education Department. The Punjab Police Rules were not applicable to the petitioners. Reference was made to the judgment of the Supreme Court in Civil Appeal No. 5060 of 1991 arising out of S.L.P. (Civil) No. 14229 of 1991, State of Punjab and other v. Surinder Kumar and others, 1992 1 SCT 538(SC). The Supreme Court had denied the claim of part time lecturers for regularisation of their services. It was further mentioned that according to the Government policy, schools were upgraded from Primary to Middle to High and High to Senior Secondary. However, part time sweepers cannot claim the regularisation of their services after upgradation of schools. It was averred that the provision made for the Police Battalion is not applicable in the present case because the method of recruitment in the Police Department was totally different.