MUNICIPAL CORPORATION Vs. JIWAN SINGH
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
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(1.)This appeal by special leave arises from the judgment and order of the Punjab and Haryana High Court at Chandigarh dated 29-11-1994 passed in Civil Writ Petition No. 5367 of 1994. The respondents herein were appointed as Candidate Moharrar in the Municipal Corporation of Ludhiana sometime in 1983/1984. After over 9 years of service of the respondents, the following orders were passed on 6-4-1992 by the Administrative Superintendent, Municipal Corporation, Ludhiana:
"The Commissioner vide his order dated 30-3-1992 has ordered that Shri Rakha Ram, OBI, be not posted on any octroi duty at any major octroi post. The Commissioner vide same order has also ordered that Shri Om Parkash and Shri Jiwan Singh, Candidate Moharrar be also not given any work till the case against them is decided and they be not given any duty."
(2.)Being aggrieved by the order the respondents approached the High Court by filing a writ petition with a prayer that the direction be issued to the appellants to reinstate the respondents in service in their respective posts and further, to give duty to the respondents in which they had been working since 1983. Another prayer was made that the direction be issued to the appellants to pay arrears of salary, etc. for the entire period they were out of service. The High Court allowed the writ petition with the following directions:
"(i) We quash Annexure P-l, leaving it open to the authorities to proceed afresh according to law, if some disciplinary action is contemplated against the petitioners.
(ii) To regularise the period since 6-4-1992 till date by a reasoned order according to law within one month from today.
(iii) The amount found to be due to the petitioners in accordance with the order passed in compliance with Direction (ii) above shall be paid within one month of the passing of the order."
(3.)Mr Ashok Mathur, learned counsel appearing for the appellants has submitted that as the respondents were appointed purely on temporary basis their sen ices could be terminated any time without notice and therefore the order dated 6-4-1992 passed by the Administrative Superintendent, Municipal Corporation, Ludhiana, which was a termination order, was legal and valid.
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