- (1.) This petition was admitted on 6.10.1997 for final disposal on 22.12.1997. Prior to the admission order an affidavit was filed by the Deputy Commissioner cum District Election Officer, Ferozepur stating that none of the 11 persons who were appointed in January 1996 together with the petitioner have been retained or their services regularized.
(2.) The prayer in the petition is for quashing the impugned order dated 17.06.1996 (P-3) terminating the services of the petitioner from the post of Clerk on ad hoc basis on the ground that the work relating to the Lok Sabha Elections stand completed and the services of the petitioner were no longer required. The petitioner has prayed for reinstatement and for regularization of her services as Clerk from the date persons junior to her were retained in service and were regularized. The further prayer is for release of salary for the period 17.06.1996 to 30.08.1996 being the period that she was made to work despite passing of the order of termination.
(3.) The brief facts of the case are that in the first instance the petitioner served as a Clerk on ad hoc basis in the District Election Office, Ferozepur from 24.01.1992 to 15.05.1992. This period has no material bearing on the case. What is relevant is that the petitioner was appointed again as Clerk on ad hoc basis vide order dated 16.01.1996 along with 20 others. The Departmental Selection Committee was constituted by the Election Department, Punjab to make the selections. In the appointment that followed the petitioner avers that her name figured at serial no.2 of the merit list. She joined service on 17.01.1996. Nine other persons were appointed as Clerks along with the petitioner. Initially, the appointment was made up to 29.02.1996. The services of the petitioner and others were extended every month. She pleads that one Amarjit Singh Clerk, junior to the petitioner was allowed to continue. The services of one Bhupinder Singh also junior to the petitioner in the merit list have been regularized on 16.06.1996 itself. Besides, six other persons were appointed afresh on the post of Clerk on ad hoc basis on 14/15.06.1996. In this background, the petitioner claims that the grounds of termination, that is, non availability of work is an unreal, non-existent reason and therefore severance was one sided arbitrary action. On termination, the petitioner made representations dated 26.06.1996 to the Deputy Commissioner, Ferozepur and to the Commissioner, Ferozepur Division, Ferozepur (P-4 & P- 5). It was on this representation that the petitioner was allowed to continue working on the post with an assurance that she would be issued afresh appointment letter. It is in this background that the prayer has been made for release of salary for the short period aforesaid. The appointment order of the petitioner (P-2) bears out that though appointed on ad hoc basis against temporary post of Clerk, she was granted the pay scale of 950-1800 with initial pay of Rs.1000/- up to 29.02.1996.;