102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.10.2025 Rakesh Kumar …Petitioner Vs.

State of Punjab and Others …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Harinder Sharma, Advocate for the petitioner.

Mr. Swapan Shorey, DAG, Punjab.

Mr. Dhirinder Kamal, Advocate for respondent No.4.

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N.S.Shekhawat J.

1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India with a prayer to issue a Writ in the nature of Certiorari for quashing the order dated 04.03.2022 (Annexure P-10) passed by respondent No.1, whereby, directions had been issued to respondent No.3 to withdraw the letter of regular appointment dated 05.03.2019 (Annexure P-6) issued to the petitioner. It was further prayed that respondents may be directed to treat the petitioner as regular employee, appointed in the office of Panchayat Samiti, Faridkot, respondent No.4 in pursuance to the letter of appointment dated 05.03.2019 (Annexure P-6) for all intends and purposes.

2. Learned counsel for the petitioner has vehemently argued that the petitioner had obtained the Post Graduate Diploma in Computer Applications in the year 2008 from Centre for Advance Learning in Computers, which is recognized by the Government of Punjab. He also passed his Master of Science- Information Technology (M.Sc I.T) from Karnatka State Open University in July 2011. Apart from that, the petitioner had passed his matriculation with Punjabi as a compulsory subject. Vide his resolution dated 25.06.2010 (Annexure P-1), respondent No.4 appointed the present petitioner on the post of Computer Operator/Computer Typist on DC rates. It was mentioned in the resolution (Annexure P-1) that the petitioner possessed the requisite qualification for the said post. In compliance of the resolution (Annexure P-1), the letter of appointment (Annexure P-2) dated 05.07.2010 was issued to the petitioner and the petitioner joined his duties as Computer Operator in the office of respondent No.4. Thereafter, the petitioner performed his duties as Computer Operator/Computer Typist/Data Entry Operator to the satisfaction of his superior and no complaint was ever filled by anyone against him. On 24.12.2016, the Punjab Government enacted “The Punjab Ad-hoc, Contractual, Daily Wage, Temporary, Work Charged and Out Sourced Employees Welfare Act, 2016” [Act No.55 of 2016] to provide for the regularization of services of Group “A”, “B”, “C” and “D” employees working on Ad hoc, contractual, Daily Wage, Temporary and Work charged basis under the State Government or its entities. Section 3 of the said Act provides for the regularization of the services of Group “A”,“B” and“C” employees, whereas, the provisions of Section 7 provide that the necessary number of category wise posts in the service of State Government and its entities equal to the number of persons to be regularized shall be deemed to have been created in excess of already existing sanctioned posts in the cadre to which they are inducted. Ultimately, the respondent No.1 issued directions on 06.01.2017 to all Executive Officers of all the Panchayat Samitis in the State of Punjab to ensure necessary action at their own level and directed further that any failure thereof would invite disciplinary action against the concerned official. Ultimately, in compliance of the aforesaid order dated 06.01.2017, the respondent No.4 considered the case of the petitioner in the meeting held on 03.07.2018 for regularisation of his services as Computer Operator/Data Entry Operator in the Panchayat Samiti, Faridkot in the pay scale of Rs.10300-34800+3200 Grade Pay.

3. Learned counsel for the petitioner further argued by referring to the Act of 2016, memo dated 06.01.2017 (Annexure P-4) and resolution dated 03.07.2018 (Annexure P-5), the respondent No.3 issued the letter of regularisation (Annexure P-6) dated 05.03.2019 in favour of the petitioner in the Grade Pay of Rs.10300-34800+3200. Even, the re