PARAMJEET SINGH, J. - (1.) PRESENT petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for quashing of resolution dated 29.09.2004 (Annexure P-12) vide which Municipal Council, Mohali, has decided to appoint 27 Octroi Clerks on contract basis at a consolidated salary of Rs.4977/- per month and with a prayer for direction to the respondent-authorities to consider the claim of the petitioners who are already working as Officiating Octroi Clerks for the last so many years as per the instructions dated 27.10.1998 (Annexure P/3) and to direct the authorities to grant regular pay scale of the post of Octroi Clerks from the date they have been working as such, along with arrears.
(2.) THE case of the petitioners is to the effect that initially the petitioners were appointed on the posts of Chowkidar and Peon. They claim that they fulfilled all the requisite qualifications for the post of Clerkand in fact, they are performing the duties as Officiating Octori Clerk. The Government has issued instructions to fill up 10% posts of Class III from amongst class IV employees, who are matriculates with Punjabi and have 5 years experience. The respondents have no right to fill up the posts on contract basis and consequentially could not relieve the petitioners from the duty of Officiating Octori Clerks. On notice, the respondents have filed their separate written statements. It is averred in the reply filed by respondent no.3 that the petitioners have no right to object to the contract posts which are being filled up on consolidated salary from the Punjab State Ex-servicemen Corporation (for short "PESCO"). The petitioners have no right to claim salary and other benefits, although they are performing their duties as officiating clerks.
(3.) I have heard learned counsel for the parties and perused the record.;