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2008 Supreme(SC) 1571

S.B.SINHA, AFTAB ALAM
Nirmal Singh Kahlon with J. P. Singla – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared::
For the Appearing Parties:P.P. Malhotra, A.S.G., P.P. Rao, L.N. Rao, Sr. Advocates, A.K. Pandey, Aseem Malhotra, Ms. Sunita R. Singh, Ms. Shefali Jain, Purushottam S.T., Ms. Sahar Bakht, Utsav, Febin A.K., Rajesh Prasad Singh, Amit Kumar, Satyakam, B.K. Prasad, P. Parmeswaran, Ajay Pal, Nikhil Jain and Pranab Kumar Mullick, Advocates.

Judgment:-

S.B. Sinha, J.

Leave granted.

These two appeals involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. Nirmal Singh Kahlon, Appellant in appeals arising out of SLP (C) Nos. 24777-24778 of 2005 was the Rural Development and Panchayats Minister in the Government of Punjab while the three appellants in appeals arising out of SLP (C)Nos. 25226-25227 of 2005 were working as Deputy Directors in the Department of Rural Development and Panchayats, Government of Punjab at the relevant time.

3. The State of Punjab had enacted the Punjab Panchayati Raj Act, 1994.

4. An advertisement for recruitment of 190 Panchayat Secretaries was issued in the year 1992 for which written test was held in the year 1994; however, the posts could not be filled. In the meantime 545 Panchayat Secretaries were appointed on ad hoc basis by the State.

5. One of the applicants, who applied for the post in response to the advertisement of 190 posts, challenged the said ad hoc appointments by way of a writ petition which was marked as C.W.P. No.9835 of 1996, titled Palvinder Singh v. State of Punjab, which was disposed of by a Divis







































































































































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