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SANJEEV PRAKASH SHARMA
Pushpa Devi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sanjeev Prakash Sharma, J. (Oral)
CM-15529-CWP-2022
For the reasons mentioned in the application, the same is allowed and the replication on behalf of the petitioner is taken on record.
Main case
The petitioner by way of this Writ Petition claims regularization for the post of Clerk and prays for quashing of the decision taken by the Chief Engineer in terms of the directions passed by this Court in CWP-14377-2014 titled as 'Pushpa Devi v. State of Punjab and others' decided on 24.07.2014.
2. Learned counsel for the petitioner submits that the petitioner was appointed as a Bill Clerk on 01.11.1996 on daily wages basis in the office of the Superintending Engineer, Water Supply and Sanitation Circle, Ludhiana where she worked continuously up to 03.02.1997. The petitioner was wrongfully retrenched and she challenged her retrenchment before the Industrial Tribunal and Labour Court who passed an award in her favour reinstating her with 50% back wages.
3. Learned counsel submits that the period of service therefore has to be counted from the date of her initial appointment from 1996 and as she is still working and has therefore put in about 30 years of service, the petitioner is ent
Long service can justify regularization despite lacking formal qualifications, as established in prior judgments.
Practical experience gained while working can be considered as a substitute for the prescribed educational qualification at the time of engagement.
Regularization of employees must adhere to seniority and position availability, ensuring fairness in employment practices.
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