JUDGMENT :

HARPREET SINGH BRAR, J. 

1. This judgment shall dispose of both the above-mentioned petitions as they arise from the same factual matrix. However, for the sake of brevity, the facts are taken from CWP No.18043 of 2017

2. The petition (CWP No.18043 of 2017) has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned letter dated 26.04.2017 (Annexure P-9) issued by respondent No.3 as well as impugned order dated 06.07.2017 (Annexure P-11) passed by respondent No.4, implementing the decision of respondent No.3, in so far as it retrospectively stays the process of regularization of services of the petitioners. A further prayer is made for issuance of a writ in the nature of mandamus directing the respondents to complete the process of regularization of their services.

FACTUAL BACKGROUND

3. Tersely put, the facts are that the petitioners are working as Teachers, on a contractual basis, with respondent No.5-Shivalik Model Senior Secondary School which is run and managed by respondent No.4-Municipal Council, Nangal. Petitioner No.1 is employed as a Trained Graduate Teacher (TGT) and petitioners No.2 to 5 are Primary Teachers (PRT), petitioners No.6 to 8 are Lab Attendants while petitioners No.9 and 10 are working as Aya. The petitioners applied to the said posts in furtherance of the advertisement dated 28.03.2008 (Annexure P-1) and were subsequently invited for interview vide letters dated 02.01.2009 issued by respondent-Council. The duly constituted Selection Committee conducted the scrutiny of documents of applicants as well as their interview. Ultimately, the selection process was finalized vide order dated 19.01.2009 (Annexure P-3) passed by the Administrator, Municipal Council, Nangal and the petitioners were appointed to their respective posts on contractual basis by issuing appointment letters dated 04.02.2009. Subsequently, the petitioners were ordered to be regularized in view of the meeting of the respondent- Council dated 26.12.2016 (Annexure P-6), however the implementation of the same was stayed vide letter dated 26.04.2017(Annexure P-9) issued by respondent No.3. Rather, the respective contracts of the petitioners were retrospectively renewed with effect from 10.02.2017 to 09.08.2017, as indicated by Annexure P-12. Aggrieved by the same, the present writ petition was moved before this Court.

CONTENTIONS

4. Learned Senior counsel for the petitioners submitted that the petitioners were appointed against regular posts, however, on contract basis. Their initial appointment was for a period of one year i.e. from 10.02.2009 to 09.02.2010, which was renewed every year for one year till 09.02.2017. On 24.12.2016, the Government of Punjab notified the Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016 (hereinafter ‘the Act of 2016’), in view of which, the respondent-Council took up the matter of regularization of the contractual employees of the respondent-School. In its meeting dated 26.12.2016 (Annexure P-6), the respondent-Council approved the said regularization and also undertook to bear the financial burden that comes with it. As a matter of fact, the Executive Officer, Municipal Council issued appointment letters dated28.12.2016, on regular basis, to the petitioners.

5. He further argued that in spite of adherence to the due process, respondent No.3-Director, Department of Local Government erroneously issued the impugned letter dated 26.04.2017 (Annexure P- 9) staying the implementation of the decision to regularize the services of the petitioners in terms of meeting dated 26.12.2016 (Annexure P-6). Notably, the above-mentioned decision was passed without affording an opportunity of hearing to the petitioners. Further, on the basis of letter dated 26.04.2017 (Annexure P-9), order dated 06.07.2017 (Annexure P- 11) was passed by the respondent-Council stating therein that the a