Kuldeep Singh And ANR v. State Of Punjab And Another

In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 25.11.2020 Kuldeep Singh and Another ... Petitioner(s)

Versus

State of Punjab and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. C.M.Munjal, Advocate for the petitioner(s).

Anil Kshetarpal, J.

The petitioners, who retired on attaining the age of superannuation on 08.01.2016 and 31.08.2013, respectively, claim their regularization from the date of their appointment. Their case is based upon the regularization of the services of 54 employees identically situated.. The petitioners filed Civil Writ Petition No. 29776 of 2019, which was disposed of on 16.10.2019 directing the respondents to decide the representation. Pursuant to the aforesaid directions, the representation has been decided with the following observations:- "3.

As per the provision in the above mentioned rule, it is essential to pass examination after having 06 months training through direct recruitment and thereafter to pass patwar examination after having been appointed as Patwari for one season (Harhi or Sauni). It is essential to obtain 50% marks per paper and total 66% marks by the candidate in this examination. Thereafter, it is essential to under Qanungo

training of 4 months from the revenue department. Upon completion of this entire process, Candidate Ziledar is appointed. Upon completion of this entire process, after completion of provisional period by the candidate Ziledar, fullfledged Ziledar is appointed. The services of these petitioners have also been regularized upon completion of the entire process under the provision in the above mentioned rule. It is the version of the petitioners that their services may be regularized from the date of appointment, on account of not being covered under the provision in the above mentioned rule, their claim is not genuine.

4.

As it has been claimed by the petitioners that their services may be regularized as earlier the services of the Candidate ziledars appointed on compassionate basis have been regularized by the department from the date of appointment. In this regard, it is clarified that the services of the Ziledars appointed on compassionate ground, whose services have been regularized by the department, for reconsidering their cases, committee has been constituted by the Government of Punjab vide memo 10/28/2014-6___-3718 dated 19.05.2020. This committee would submit report after reconsidering such cases. On the basis of this report, the cases of the petitioners would be considered".

Learned counsel for the petitioners submits that the Committee constituted by the Government of Punjab may not decide the matter for

years together. He submits that the petitioners will be satisfied if the direction is issued to the Committee to take a final decision within a fixed time frame.

Ms. Sunit Kaur, Assistant Advocate General, Punjab, has put in appearance on behalf of the respondents, pursuant to supply of an advance copy of the writ petition. She submits that she has no objection if the Committee is directed to conclude its proceedings within a limited time. Keeping in view the aforesaid facts and without commenting on merits, the writ petition is disposed of by directing the Committee, referred to in the order dated 03.08.2020, to conclude its proceedings within a period of three months from the date of receipt of a copy of this order. (Anil Kshetarpal) Judge November 25, 2020 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No