J.S.Khehar, J. - (1.) The petitioner has approached this Court, seeking regularisation in terms of the order passed by the Apex Court in State of Punjab and others Vs. Balkar Singh (Civil Appeal No.5059 of 1997, decided on 8.4.2003). Relying on the aforesaid judgement, learned counsel for the petitioner has invited our attention to the following observations made in the concluding paragraph of the order passed by the Apex Court:- "...appointments to the public offices should be made only after due selection and affording an opportunity to all the eligible persons desirous of competing have become final. Otherwise also no exception can be taken to the directions given by the CWP No.332 of 2004 Page numbers High Court. But keeping in view that the thousands of employees in the State of Punjab who have worked for several years under the interim order made by this Court would be thrown out. We permit the State of Punjab to act in accordance with the policy framed by it purely on humantarian grounds. Some o these employees in the meantime may have become overage. It may be difficult for them to find new jobs at this stage of their life. This arrangement is one time measure. The principles laid down by the High Court in its order to the effect that appointments should not be made on adhoc basis and that the same should be made only after due selection is upheld being unexceptionable. We permit the State to consider the case for regularisation of those employees who were appointed before 13.6.1996 on adhoc basis in terms of the policy..."
(2.) In view of the desire expressed by the Supreme Court in its order dated 8.4.2003, the State government issued a policy instruction dated 26.5.2003.
(3.) Learned counsel for the petitioner relies on paragraphs 2 to 7 of the aforesaid policy instruction (which delineates the guidelines to be kept in view for regularising employees). Paragraph 1 of the aforesaid instruction envisages, that the issue of regularisation of employees, who were inducted into service on 89 days/temporary/adhoc basis before 30.6.1996, would be applicable only to such employees who have continued "without break since their induction". In order to examine the totality of the policy instruction dated 26.5.2003, it is necessary to extract paragraphs 1 to 7 of the aforesaid policy instruction. The same are being reproduced hereunder:- "1. I am directed to refer to the subject noted above and to CWP No.332 of 2004 Page numbers convey that following decision of the State Government to regularise the services of employees who have been appointed on or before 13th June, 1996 on 89 days/temporary/adhoc basis and are still in service without break in various departments of the State Government. The decision shall also apply to the Public Sector Undertakings Corporation, Boards, Local Authorities and other autonomous bodies in the State of Punjab. 2. While regularising the services of such employees, the following guidelines may be kept in view: i. The policy shall apply only to those employees who were appointed on 89 days/temporary/adhoc basis on or before 13.6.1996 against permanent/ regular/temporary posts which later became permanent. ii. It shall be the duty of Administrative Department to verify and record a certificate that no person selected through advertisement/selection committee/selection Board was deprived of appointment due to continuation allowed to an adhoc employee as per circular letter No.14/33/94-4PP-III/6779, dated 9.4.1997. iii.It shall also be verified that no supernumerary post was created to retain these employees in service when duly selected persons were appointed on regular basis. iv.The regularisation of these employees does not CWP No.332 of 2004 Page numbers adversely affect those who were appointed on regular basis after following correct selection procedure. 3. Apart from the above the employee(s) concerned fulfils the following requirements: a. He/she possessed qualification prescribed for the post at the time of original appointment and satisfied all eligibility conditions as per service rules. b. The work and conduct of the employee throughout has been satisfactory. c. A medical fitness certificate and documentary proof of date of birth as per standing instructions shall be obtained if not done at the time of extending his appointment beyond 89 days. d. His/her antecedents should be got verified from the Police Department as per Government instructions if it was not done earlier. e. The regularisation shall take effect from the date of orders to be issued, and after determining inter-seseniority amongst employees regularised under this policy, with reference to continuous service. They shall be placed below the employees last appointed on regular basis after following proper procedure. 4.Since the regularisation is being done on humantarian grounds no person shall be entitled to claim it as a right if found unsuitable due to non-fulfilment of any of the above conditions. CWP No.332 of 2004 Page numbers 5. Hon'ble Supreme Court of India in its orders dated 8th April, 2003, passed in Civil Appeal No.5059/1997-State of Punjab and others Vs. Balkar Singh has permitted the State of Punjab to act in accordance with the above policy. So this policy is being issued as per decision in the above referred Civil Appeal. 6 It is further ordered that in future appointing authority in his/her Department shall personally ensure that such type of illegal/irregular appointments are not made under any circumstances. If any such instance will come to the notice of the government in future then apart from taking disciplinary action against the guilty officials/officers, they (dealing official (s) upto the appointing authority) shall be responsible to make payment of salary from their own pocket to such appointee(s). 7. Action to regularise the services of employees working on days/temporary/adhoc basis may be completed within a period of six months. These instructions may please be brought to the notice of the officers and other bodies working under Administrative control of your department. The appointees who do not fulfil the conditions mentioned in this policy, their services shall be dispensed with after following due process of law.";