- (1.) All the nine petitioners were appointed as Silt Observer/Supervisor Instrumentation / Photostat Operator / Wireless Operator / Wireless Operator / Surveyor / Driver, on work charged basis. Having rendered service on work charged basis for some time, they were regularized as Canal Patwaris at different places. The details of their induction into service culminating into their regularization as Canal Patwaris have been recorded in a tabulation form placed along with the petition as Annexure P-1. Relevant part of Annexure P-1 is being extracted hereunder: JUDGEMENT_464_LAWS(P&H)8_2006.htm
(2.) The orders by which the petitioners were regularised as Canal Patwaris expressed similar terms and conditions. The order of regularization of petitioner No. 1 as a Canal Patwari dated 4.4.2002 is being extracted hereunder, so as to highlight the terms and conditions expressed in the orders of their regularisation as Canal Patwaris: As per Punjab Government instructions No. 11/34/2001-4 Irr.Pro. 3/1301 dated 25.1.2001 and Memo No. 5/31/2001-3 Irr. Pro. 3/22836 dated 20.9.2001 and as recommended vide letter No. 239/28-A dated 2.4.2002, of Executive Engineer, Janodi Chohal Construction Division, Hoshiarpur services of Shri Sukhminder Singh, son of Shri Harbhajan Singh, Silt Observor (Work Charged) are regularized and he is appointed as a Canal Patwari on the vacant post of Canal Patwari in Executive Engineer, Kandi Watershed Drainage Division, Hoshiarpur under Dholbaha Dam Construction Circle, Hoshiarpur, with immediate effect in public interest in the pay scale of Rs. 3120- 5160 on the starting salary of Rs. 5320/-, on the following terms and conditions: 1. The official will have to successfully complete 3 months training of canal Patwari. 2. During training the official will be entitled to his earlier pay along with allowances only. 3. In case any patent error is observed or if any other decision is taken by the Government against the placement, the appointing authority will have the right to withdraw this order at any time without assigning any reason. 4. The official will be deemed to be regularized from the date he joins duty on the post.
(3.) Consequent upon, their having been regularized for some time, the respondents passed identical orders reverting each of the petitioners to the post against which he was originally inducted into service on workcharged basis. The order of reversion of petitioner No. 1 dated 11.6.2004 is being extracted hereunder, so as to highlight the reasons weighing with the respondents, if any, for reverting the petitioners: In view of Civil Writ Petition No. 7512 of 2004 filed by Shri Anil Kumar, Value Operator and keeping in view the Seniority List of the work charged employees of the whole State, services of Sukhminder Singh, Canal Patwari whose services were regularized vide this office order No. 1992-97/10A dated 4.4.02 from the post of Silt Observor workcharged to Canal Patwari, the said office order is now hereby cancelled and according to the condition No. 3 accepted by him, he is reverted back and appointed on the post of Silt Observor Work charged under Executive Engineer, Janodi Chohal Construction Division, Hoshiarpur, in public interest.;