High Court of Punjab and HaryanaCWP/6916/2021disposed of

Devinder Kaur And Others v. State Of Punjab And Others

2021-03-24Mr. Justice Gurmeet Singh Sandhawalia3 pages

- 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:24.03.2021 Devinder Kaur and others ... Petitioners

Versus

The State of Punjab and others ... Respondents CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA

Present:

Mr. Baltej Singh Sidhu, Advocate, for the petitioners.

***** G.S. Sandhawalia , J. (Oral) The petitioners seek the benefit of regularization of their services on the basis of the regularization policy dated 18.03.2011 (Annexure P-2). The said benefit is also being sought on the basis of the Punjab Ad-hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016 (hereinafter referred to as the "Act of 2016") and they have also sought grant of consequential benefits along with interest @ 12% per annum.

Counsel for the petitioners has submitted that the petitioners are working with respondent no.4-School, which has been established by respondent no.3-Punjab Agriculture University, Ludhiana and is being financed by the Government of Punjab. The details of the petitioners have been mentioned in the chart provided in paragraph 4 of this writ petition,

- 2 - which shows that they have been deployed with respondent no.4-school between the year 2006 to 2016 on contractual/daily wage basis on the posts of Punjabi Teacher/ETT/TGT etc. It is further their case that they have filed the representation to the In-charge of respondent no.4-school for the said benefit on 16.12.2020 (Annexure P-5). In such circumstances, the present writ petition has been filed.

Notice of motion.

Ms. Monica Chhibbar Sharma, Senior DAG, Punjab, accepts notice on behalf of respondents no.1 and 2.

It is brought to the notice of this Court that the Act of 2016, as such, is subject matter of litigation and, therefore, is not being implemented, as such. However, keeping in view the fact that the petitioners are also seeking the benefit under the policies dated 18.03.2011 (Annexure P-2) and dated 17.11.2011 (Annexure P-3) of the State and the decision making process is still incomplete, this Court does not deem it necessary to call upon the respondents as there is delay in the decision making.

In view of the above, without commenting upon the entitlement for the right of the petitioners, the present writ petition is disposed of with a direction to respondent no.3-University, through its Registrar, to take a decision on the representation dated 16.12.2020 (Annexure P-5). Counsel for the petitioners shall also supply a copy of the writ petition, along with certified copy of this order, to the Registrar, which may also be treated as a representation, as such. The said exercise be completed within a period of three months from the receipt of certified copy of this order along with the copy of the writ petition. In case the petitioners are held

- 3 - entitled for the said claim, the necessary benefits be reimbursed to them within a period of two weeks thereafter. In case it is to be denied, a reasoned order be passed and communicated to the petitioners.

Disposed of.

March 24, 2021 (G.S. Sandhawalia) vinod* Judge Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No