State of Punjab and Ors. Etc. v. Supreet Rajpal and Anr. Etc.

Judgment

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5165- B 5167of2007. From the final Judgment and Order dated 2.12.2004 of the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition Nos. 20036/03, 3766/04 & 7500/04. Kuldip Singh, R.K. Pandey, H.S. Sandhu, T.P. Mishra and Ajay Pal for the Appellant. Ugra Shankar Prasad and S.K. Sabharwal for the Respondent. The Judgment of the Court was delivered by DR. ARIJIT P ASAY AT, J. 1. Leave granted. I 2. Challenge in these appeals is to the order passed by a Division Bench of the High Comt of Punjab & Haryana at Chandigarh allowing the writ petitions filed by the respondents who were appointed as part E 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 tenns F 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 G 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 Jr I STATEv. SUPREETRAJPAL[PASAYAT,J.] pay scale. The appeals shall stand allowed in part accordingly." 6. It is also submitted that the case relied upon by the High Court has no relevance as it did not relate to part time lecturers and in fact related to some other part time engagements. It has also been submitted that in those cases also the matter has been remitted to the High Court. B 7.

On the peculiar facts of the case, we feel it would be appropriate for the High Court to deal with the matters afresh in the light of what has been stated in Harguru 's case (supra). The matters are remitted to the High Court for fresh consideration. 8. The appeals are accordingly disposed of with no order as to costs. S.K.S. Appeals disposed of.