Kuldeep Kaur & ORS. v. State Of Punjab & ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 19382 of 2015 (O & M) Date of decision: 21.09.2015 Kuldeep Kaur and others ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Sukhjit Singh, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 12307 of 2015 Application for placing on record amended Memo of Parties and legal notice as Annexure P-5 is allowed, subject to all just exceptions. The same is taken on record.

In the present writ petition, prayer is made for issuance of directions to the respondents to regularize the services of the petitioners (Part Time Sweepers) in view of the Government instructions dated 23.04.2004, 31.03.2004 and 14.05.2012 on the ground that similarly situated persons namely respondents no. 4 to 6 have been regularized in the pay scale of `4900-10680 + 1650 grade pay. Further prayer has been made for decision of the legal notices served upon the said respondents. The pleaded case of the petitioner is that they have been working as part time sweepers in different Government schools in Punjab

for the last more than 10 years. The details are mentioned as under:- S. No.

Employee Name Name of the School of Posting Appointment Kuldeep Kaur Part time sweeper at the Office of BPAO Khanna-1, Khanna, District Ludhiana) Rajinder Singh Posted as part time sweeper at Govt. Primary School, Village Rampur, District Ludhiana) Shinder Kaur Posted as part time sweeper at Govt. Kanya High School, Payal, District Ludhiana) Sarabjit Kaur Posted as part time sweeper at Govt. Primary School, Khanna-8 (Block Khanna-1) Karamjit Kaur Posted as part time sweeper at Govt. Primary School, Rohno Kalan, Block Khanna-1, District Ludhiana Hardev Singh Posted as part time sweeper at Govt. Primary School, Village Bhaddewal, Block-Doraha District Ludhiana Jasvir Kaur Posted as part time sweeper at Government Elementary School Mustaffabad, Block Bassi-II, Fatehgarh Sahib Manjit Kaur Posted as part time sweeper at Govt.

Elementary School, Pamaour, Distt.

Fatehgarh Sahib Raj Pal Part time sweeper at Govt. Girls Senior Secondary School, Civil Line, near Bharat Nagar Chowk, Ludhiana) Parkash Kaur Posted as part time sweeper at Govt.

Elementary School, Village Sangatpura Sodhian, Tehsil and District Fatehgarh Sahib It has been further pleaded that the legal notices dated 30.07.2015, 03.09.2015 and 15.09.2015 (Annexures P-2, P-4 and P-5) have been served, but no action has been taken on them. It has further been averred that respondents no. 4 to 6 have been regularized vide order dated 09.09.2010 in compliance of the above said instructions. Keeping in view the limited relief sought, this Court does not feel necessary to call upon the respondents to file reply. Accordingly, this writ petition is disposed of with directions to respondent nos. 3 and 3A to take into consideration the legal notices dated 30.07.2015, 03.09.2015 and 15.09.2015 (Annexures P-2, P-4 and P-5) and decide the same within a period of 3 months from the date of receipt of

certified copy of the order. Needless to say that in case the relief is to be denied, the order should contain reasons.

21.09.2015 (G.S. SANDHAWALIA) shivani JUDGE