- (1.) Both the above mentioned Civil Writ Petitions bearing CWP Nos. 7806 of 1996 and 524 of 2002 have been heard together as in both cases identical questions of law and facts are involved. Both the cases are being disposed of by a common judgment. Learned counsel for the petitioners has referred to the facts in CWP No. 7806 of 1996.
(2.) The instant writ petition has been filed by the petitioners under Articles 226/227 of the Constitution of India for directing the respondents to regularise the services of the petitioners as Octroi Clerk in view of the instructions dated 29.12.1993 (Annexure P/9) and in the alternative consider the case of the petitioners for promotion to the Class III posts in view of the instructions dated 24.08.1983 (Annexure P/2), resolution dated 11.09.1990 (Annexure P/3) and judgment dated 05.02.1991 in C.W.P. No. 13607 of 1990 titled Kesar Singh versus State of Punjab and others (Annexure P/4) of this Court. Further prayer is that the petitioners should be given regular pay scale of Rs.950-1800 with a basic start of Rs.1000/- per month plus usual allowances. It is also prayed that the replacement of the petitioners by way of daily wager employees be stayed.
(3.) Brief facts of the case are that the petitioners were recruited as Class IV employees in the Notified Area Committee, S.A.S. Nagar, Mohali (now called as Municipal Council, S.A.S. Nagar, Mohali). The petitioners have been working on the posts of Clerk for number of years. In fact, petitioner nos. 1 and 2 have been working for the last 11 years as Octroi Clerk and other petitioners have been working as Octroi Clerk for the last 3-4 years. In nutshell, all the petitioners are presently working as Octroi Clerk. It is averred in the writ petition by the petitioners that as per instructions dated 24.08.1993 (Annexure P/2), 10% quota of Class III posts is to be filled up by way of promotion from amongst Class IV employees who are matriculate with Punjabi and 5 years experience. The Municipal Council, Mohali passed a resolution dated 11.09.1990 (Annexure P/3) to fill up 10% posts of Class III by way of promotion from amongst Class IV employees. Reference has also been made to the aforementioned judgment of the Division Bench of this Court dated 05.02.1991 (Annexure P/4). It is submitted that vide letter dated 03.05.1994 (Annexure P/7), three persons have been appointed as Octroi Clerk in the pay scale of Rs.950-1800 from outside, whereas, the petitioners are entitled to promotion and regularisation of their services as per the instructions.;