SUBHASH CHAND AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2016-8-107
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 11,2016

Subhash Chand And Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

Daya Chaudhary, J. - (1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondents to extend the benefit of judgment passed by this Court in CWP No.2802 of 2003 titled as Sukhminder Kaur and others v. State of Punjab and another, decided on 08.02.2013 (Annexure P-5). A further prayer has also been made to regularise the services of the petitioners w.e.f. 23.1.2001 as per the policy decision of even date i.e. 23.1.2001 (Annexure P-3) with all consequential benefits such as seniority and pay fixation along with arrears and interest thereon.
(2.) Briefly, the facts of the case are that the petitioners were initially appointed as Clerks and Sewadars on temporary basis in pursuance of the resolution dated 28.10.1993 passed by the Notified Area Committee, Cheema, District Sangrur. The Government of Punjab issued a policy dated 23.1.2001 whereby a decision was taken to regularise the services of those employees who were working on work charged/daily wage basis and other categories of employees, who completed three years of service. Thereafter, another policy was framed on 18.3.2011 whereby it was decided by the State Government to regularise the services of the employees who were working as daily wagers or on Muster Roll basis, who were having 10 years of service to their credit till December, 2006. In pursuance of said policy, the services of the petitioners were regularised vide order dated 11.8.2011 w.e.f. 23.1.2001.
(3.) Subsequently, some similarly situated employees who were appointed as Clerks and Peons in the Nagar Panchayat, Sahnewal, District Ludhiana, on temporary basis also claimed regularisation of their services on the basis of above-mentioned policy by way of filing CWP No. 2802 of 2003, which was allowed vide judgment dated 8.2.2013 and their services were ordered to be regularised w.e.f. 23.1.2001 as per policy decision dated 23.1.2001. State of Punjab filed appeal against said judgment, which was dismissed on 2.7.2013. Nagar-Panchayat, Sahnewal also challenged judgment dated 8.2.2013 passed by Single Judge before the Division Bench by way of filing LPA No.962 of 2013 and said appeal was partly allowed vide order dated 10.12.2013 to the limited extent that no monetary benefits shall be granted to the petitioners and they shall be entitled to notional benefits of seniority and pay fixation from the date of regularisation to be fixed as per judgment of the Single Bench.;


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