CWP No.8452 of 1987 :1:
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision:23.10.2008.
Gurcharan Singh .. Petitioner
Versus
The State of Punjab and others .. Respondents.
CORAM
HON’BLE MR. JUSTICE PERMOD KOHLI
Present: Mr. RK Sharma, Advocate, for the petitioner.
Mr.S.S.Sahu, A.A.G., Punjab, for the respondents.
PERMOD KOHLI, J. (Oral):
I have heard the learned counsel for the parties at length.
The petitioner is aggrieved of the orders dated 28.10.1987 and
11.09.1987, Annexures P-13 and P-14, respectively, whereby the
respondents have changed the effective date of regularisation of the services
of the petitioner. It is not in dispute that the petitioner’s services were
regularised with effect from 01.04.1977 vide office order dated 21.04.1979.
He continued to serve as Steno-typist. It was vide order dated 28.10.1987
that the date of regularisation of the petitioner was altered and he was
ordered to be regularised with effect from 1.10.1980, and one Kulbir
Singh, Steno-typist was made senior to him. Earlier vide order dated
11.09.1987, the representation of Kulbir Singh was considered and it was
observed that Kulbir Singh, Steno-typist, was appointed on 01.11.1976 and
his services were regularised with effect from 01.10.1980. In this way, he
was made senior to the petitioner for the simple reason that the petitioner
CWP No.8452 of 1987 :2:
was not having one year service as on 01.04.1977 which was the necessary
criteria of regularisation of an ad hoc government servant in terms of the
government instructions dated 03.05.1977.
The respondents have reiterated the stand as taken in the
aforesaid impugned orders. However, it is not in dispute that before
passing of the impugned orders, no Show Cause Notice was ever issued or
served to the petitioner. He was not afforded any opportunity of hearing.
The impugned orders have the effect of civil consequences. The action of
the respondents is, thus, unsustainable in law.
Learned counsel for the petitioner has informed this Court that
during the pendency of this writ petition, the petitioner was granted senior
scale and retired from service on 30.06.2008. In view of the retirement of
the petitioner, the seniority of Kulbir Singh will not be affected at all.
In view of the above, the present writ petition is allowed.
Impugned orders dated 28.10.1987 and 11.09.1987, Annexures P-13 and P-
14, respectively, are hereby quashed. It is declared that the petitioner shall
be deemed to be regularised with effect from 01.04.1977, the date of his
original regularisation. He is also held entitled to all consequential benefits.
No costs.
24.10.2008. (PERMOD KOHLI)
BLS JUDGE
Note: Whether to be referred to the Reporter? NO