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S. RAJENDRA BABU AND G.P. MATHUR, JJ.
HARGURPRATAP SINGH — APPELLANT
Versus
STATE OF PUNJAB AND OTHERS — RESPONDENTS
Civil Appeals No. 8745 of 2003
with Nos. 8746-55, 8757-60, 8762-65, 8767-82,8785-95,8813,8796-801,8803-04 and 8806-08 of 2003
Decided on : November 7, 2003
Ad Hoc Employment - Regularisation - Minimum Pay Scale - The court held that ad hoc employees were entitled to minimum pay scale and continuation in service until regular appointments are made, despite not being entitled to regular appointment as such. The court set aside the orders denying the claim of the appellants and directed that they shall be continued in service till regular appointments are made on minimum of the pay scale.
Fact of the Case:
The appellants were employed on ad hoc basis in several colleges in the State of Punjab and sought relief for regularisation, minimum pay scale, and continuation in their present posts until regular appointments are made. The High Court rejected all the reliefs.
Finding of the Court:
The court found that the appellants were entitled to minimum pay scale and continuation in service until regular appointments are made, despite not being entitled to regular appointment as such. The High Court's decision to displace one ad hoc arrangement by another was deemed inappropriate for the experienced appellants.
Issues: The issues involved the entitlement of ad hoc employees to minimum pay scale and continuation in service until regular appointments are made.
Ratio Decidendi: The court held that ad hoc employees were entitled to minimum pay scale and continuation in service until regular appointments are made, based on their gained experience which would be more beneficial and useful to the colleges concerned.
Final Decision: The court set aside the orders made by the High Court to the extent the same denied the claim of the appellants of minimum pay scale and continuation in service till regular incumbents are appointed. The court directed that the appellants shall be continued in service till regular appointments are made on minimum of the pay scale. The appeals stood allowed in part accordingly.
ORDER
1. Leave granted.
2. The appellants in these cases were employed on ad hoc basis in several colleges in the State of Punjab. There being a threat of termination of their services, they filed writ petitions before the High Court seeking for the relief e of regularisation, minimum pay scale and to continue in their present posts until regular appointments are made. All the reliefs were rejected by the High Court and so far as the relief relating to continue them in their present posts until regular incumbents are appointed, the High Court stated that the Government will have to follow its policy decision dated 23-7-2001.
3. We have carefully looked into the judgment of the High Court and f other pleadings that have been put forth before this Court. It is clear that though the appellants may not be entitled to regular appointment as such it cannot be said that they will not be entitled to the minimum of the pay scale nor that they should not be continued till regular incumbents are appointed.
The course adopted by the High Court is to displace one ad hoc arrangement by another ad hoc arrangement which is not at all appropriate for these 9 persons who have gained experience which will be more beneficial and useful to the colleges concerned rather than to appoint persons afresh on ad hoc basis. Therefore, we set aside the orders made by the High Court to the extent the same deny the claim of the appellants of minimum pay scale and continuation in service till regular incumbents are appointed. We direct that a they shall be continued in service till regular appointments are made on minimum of the pay scale. The appeals shall stand allowed in part accordingly.
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