The main legal point established is that part-time workers who have been working for an extended period and are eligible for regularization as per the policy and legal provisions should be considered for regularization of their services.

JUDGMENT

Jitendra Chauhan, J. (Oral) - At the very outset, learned counsel for the petitioners submits that during pendency of the present writ petition, services of petitioner No.2-Rajo Devi have been regularized, therefore, he prays for withdrawal of the present petition qua petitioner No.2. Dismissed as withdrawn qua petitioner No.2.

2. Prayer in this petition filed under Articles 226/227 of the Constitution of India is for issuing direction in the nature of mandamus to the respondents to regularize the services of the petitioners in view of the policy decision issued by respondent No.3-District Education Officer, Sangrur vide Letter No.Arra-3/()2010-11/518 dated 23.6.2010 (Annexure P- 13) and as per the judgment passed by this Court in Gurdev Kaur vs. Secretary to Govt. (Punjab) Department of Education, (P & H) (DB), 1998 (2) PLR 207 and as per policy circular letter No.11/15/98-4 PP-3/2803 dated 04.3.1999 (Annexure P-14) issued by the Department of Personnel Punjab Government.

3. Learned counsel for petitioner Nos.1 and 3 has contended that petitioner No.1was appointed as part time Kuhar on 1.10.1977 in Government Senior Secondary School, Khanori Kalan (Sangrur) vide appointment order No.E-3/79-80-106 and since then she has been continously working as such. The date of birth of petitioner No.1 is 1.1.1934 as per her Aadhar Card and due to extreme poverty she is compelled to discharge her duties at the age of 82 years with the fond hope that her services would be regularized. The services of Kuhar are still required at the said school as reflected in its requirement letter sent to respondent No.3-District Education Officer, Sangrur. Similarly, petitioner No.3, who is 1970 born as per Aadhar Card, had been appointed as part time Sweeper on 1.1.1993 in Government Elementary School, Baranasi, Sangrur and since then she is continuously working there. It is also contended that the Principal/Head Master(s) of the Schools, where petitioner Nos.1 and 3 have been working, are in need of full time employees on that posts on which they are working and in this regard they have written letters, demand letters etc. to the authorities. The petitioners are having good moral character and continuous attendance above 80% since the time of their appointment. The certificates regarding more than 80% attendance of the petitioners on work and their good moral character etc. have also been issued by the Principal/Head Masters of the concerned Schools. Learned counsel for the petitioners further submits that some IV class employees of Punjab including Sweepers, Kuhars, Water Carriers etc. approached this Court in 1997 on the same ground as in the present case, for regularization of their services and filed CWP No.13565 of 1997, titled 'Gurdev Kaur vs. State of Punjab. The operative part of the decision in the said writ petition is reproduced hereunder :-

"Keeping in view the facts that the number of parttime employees in various departments is fairly significant as also the fact that pay scales etc. for these posts have not been fixed or sanctioned, it appears to be appropriate to direct that the State Government shall draw up a policy on the same lines as it has in case of the part-time employees in the Police Department within three months from the date of receipt of a certified copy of this order. It will also fix reasonable scale of pay for employees after taking into consideration the nature of duties and the level of responsibility etc. Thereafter, the claims of the part-time employees shall be considered in accordance with the policy. The exercise should be completed within six months from the date of receipt of a copy of this order."

Learned counsel further contends that in complianceof the judgment passed by a Division Bench of this Court in aforesaid CWP No.13565 of 1997, the Department of Personnel of Government of Punjab issued a policy circular Letter No.11/15/98-4 PP-3/2803 dated 04.3.1999 (Annexure P-14) to regularize the services o