- (1.) This order will dispose of Writ petition referred to above as also Civil Writ Petition 2154 of 1976 (A.K. Sondhi and others Vs. The State of Punjab & others). Similar questions were raised in both these writ petitions and they were consequently heard together.
(2.) The facts relevant to the matter here are that the petitioners were holding the posts of Head Assistants in the Municipal Committee, Jullundur (Which has since been replaced by the Municipal Corporation, Jullundur). The posts of Head Assistants were not sanctioned by the Punjab Government for the years 1976-77. An appeal was filed against this decision of the Government by the Municipal Corporation, Jullundur, the prayer being that these posts be sanctioned for this year too. This appeal was declined by the Government on January 27, 1977, whereupon the Union, to which the petitioners belong, approached the Minister for Local Government, who by his order of February 3, 1977, stayed the operation of the above order. It is the case of the petitioners that by virtue of this stay order, they worked as Head Assistants during this year and on this, is founded their claim that they are entitled to emoluments for the posts held by them. Before proceeding further, it may be mentioned that for the subsequent years, sanction, it is stated, has been granted for the posts of Head Assistants.
(3.) The facts as set out above were contained in the additional affidavit filed by the petitioners on March 15, 1983. No reply was filed thereto on behalf or the State of Punjab. The Municipal Corporation, Jullandur (which had been impleaded as a party to this petition) in its reply admitted the facts stated in the affidavit as correct.;