LPA NO. 337 of 2003

in CWP No.1536 of 1988 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

LPA NO. 337 of 2003

in CWP No.1536 of 1988

Date of Decision: 7 .1.2009.

The State of Punjab and others ..........Appellants

Versus

Rajinder Singh etc. ..........Respondents.

CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL

HON'BLE MR.JUSTICE JASWANT SINGH.

Present:

Mr.Manohar Lall, Additional Advocate General, Punjab

for the appellant-State.

Mr.K.L.Arora,Advocate with

Ms.Deepa Jain,Advocate for the respondents.

Jaswant Singh,J.

The present Letters Patent Appeal has been filed by the

State of Punjab against the judgement dated 5.2.2003 passed by learned

single Judge in CWP No.1536 of 1988, whereby it has been ordered

that the respondents-petitioners, daily wagers, be paid the minimum of

pay scales, as revised from time to time with permissible allowances

for a period of three years prior to the date of filing of writ petition;

and with a further direction for regularisation of their services.

Facts in brief are that the 11 respondents-petitioners were

engaged on muster roll on daily wage basis in Sub Division Nos.2 and

10 of Division No.III, Mohali, Public Health Department, Government

LPA NO. 337 of 2003

in CWP No.1536 of 1988 2

of Punjab. They were engaged as daily wage Pump Operators, Fitters,

Helpers, Drivers, Plumbers, Chowkidars etc. After having worked for

2-6 years on muster roll, they filed CWP No.1536/1988, praying for

regularisation of

their

services from their dates of

engagement/appointment, and also for grant of same pay and facilities

as admissible to their counter parts working on regular basis. The

appellants/respondents/Government of Punjab filed written statement

disclosing that during the pendency of the writ petition, instructions

dated 20.1.1995 (Annexure P/1) have been issued laying down that

daily wage employees who have completed ten years or more as on

30.11.1994 shall be considered by the Screening Review Committee

constituted by the Head of Department for regularisation on the

availability of posts and accordingly their cases for regularisation will

be considered, their services will be regularised and they will be paid

regular pay scales.

The learned single Judge vide impugned judgement dated

5.2.2003 allowed the writ petition with a direction to appellants/State

of Punjab to pay the respondents-petitioners the minimum of pay

scales as revised from time to time with permissible allowances,which

were being given to similarly placed regular employees, for the last

three years prior to the date of filing of the writ petition, by relying

upon the following judgements:-

(i)State of Punjab and Others vs. Devinder Singh and

others, Civil Appeal No.4492 of 1997 (arising out of

SLP ( C) No.1502 of 1997;

LPA NO. 337 of 2003

in CWP No.1536 of 1988 3

(ii)Kulbir Singh and Others vs. The State of Punjab and

another (Civil Writ Petition No.10017 of 1995) decided

on August 20,1998;

(iii)Balwinder Singh and Others vs. State of Punjab

and Others (Civil Writ Petition No.7807 of 1999) decided

on February 14,2000; and

(iv) State of Haryana vs. Piara Singh, decided on August

12,1992.

Aggrieved against the aforesaid direction, the

appellant/State of Punjab has filed the present Letters Patent Appeal.

This Court vide interim order dated 3.2.2004 allowed CM

No.1356/2003 and thereby condoned the delay in filing the appeal and

further vide interim order dated 1.10.2004 by relying on the ratio of the

judgement of Hon'ble Supreme Court in State of Haryana v. Tilak

Raj, AIR 2003 SC 2658 (paragraphs 12 and 13) stayed the operation

of impugned judgement under appeal.

We find that during the hearing of the present appeal, at

the motion stage, the appellant