Judgment:
CIVIL APPEAL NOS. 5165-5167 OF 2007 (Arising out of S.L.P. (C)
Nos.18877-18879 of 2005)
Dr. Arijit Pasayat, J.- Leave granted
Challenge in these appeals is to the
order passed by a Division Bench of the High Court of Punjab & Haryana
at Chandigarh allowing the writ petitions filed by the respondents who
were appointed as part time lecturers with the following directions:
"In view of the above, the petitions
are allowed and the respondents are directed to consider the petitioners
for regularisation de-hors of the contractual clause indicated in the
advertisement and also the same having been mentioned in the terms of
appointment. If regularised, they shall also be considered for being
placed in the regular pay scale with the initial pay payable
accordingly. This entire exercise be carried out by the respondents
within three months from the date of receipt of certified copy of this
judgment. It may be clarified that in view of the fact that the State
has filed special leave petition against the judgment rendered in Ms.
Maninder Kaur's case (supra), the result thereof shall also affect the
consideration and the relief grantable and granted to the petitioners.
This fact, may be specifically mentioned in the orders which may be
passed by the concerned authorities. The cases where the regularisation
has already been granted pursuant to the aforestated policies of the
Government or as the case may be, they shall be considered for being
placed in the respective pay scales applicable accordingly and shall be
placed at the initial stage in accordance with the provisions of law. No
order as to costs."
3. Learned counsel for the
appellants submitted that the prayer in the writ petitions was not for
regularisation of the services and the relief sought for by them was
different. By the impugned judgment, the High Court has directed to
consider the case of the respondents hereinafter for regularisation
de-hors the contractual clause indicated in the advertisement and
mentioned in the terms of appointment.
4. There is no appearance on behalf
of the respondents.
5. Learned counsel for the
appellants, during the course of hearing, had referred to an order
passed by this Court in a group of several Civil Appeals, i.e. Civil
Appeal No.8745 of 2003 and other appeals, in the case of Harguru Pratap
Singh and Ors. Vs. State of Punjab and Ors., etc. disposed of on
07.11.2003. Particular stress was laid on the following observations:
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