Bakhshish Kaur vs State Of Punjab & Others
2023 Latest Caselaw 19779 P&H

                                                   Neutral Citation No:=2023:PHHC:145477




                                        2023:PHHC:145477
123 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        RSA-4028-2018 (O&M)
                                        Date of decision: 15.11.2023
Bakshish Kaur
                                               ....Appellant

             Versus

State of Punjab and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:- Ms. G.K.Hundal, Advocate for the appellant

Mr.Vikas Arora, AAG, Punjab

ANIL KSHETARPAL, J (Oral)

1. In this Regular Second Appeal, the correctness of the

concurrent findings of fact arrived at by the courts below is assailed

by the plaintiff. Her suit for the grant of the decree of declaration

that she is a confirmed regular employee, with consequential relief

of mandatory injunction, has been dismissed by both the courts

below.

2. In order to comprehend the issue involved in the

present case, the relevant facts, in brief, are required to be noticed.

The appellant was employed as a Part Time Sweeper by the

Headmaster of the School alongwith the Sarpanch of the village.

She claimed that as per policy dated 04.03.1999, she is entitled to be

considered for the regularization in service. The defendant, while

contesting the suit, stated that the appellant was never appointed by

the competent authority and no post of the Part-Time Sweeper exists

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as such in the school. Both the courts, on appreciation of evidence,

have found that the appellant does not fulfill condition no.2 (iv) of

the policy dated 04.03.1999 and therefore, no direction to the

Government can be issued.

3. Heard the learned counsel representing the parties at

length and with their able assistance perused the paperbook.

4. Learned counsel representing the appellant contends

that in view of the judgment passed in Gurdev Kaur vs. State of

Punjab (CWP-13565-1997 decided on 10.02.1998), the services of

the appellant will be deemed to have been regularized. It may noted

here that pursuant to the direction of the High Court in Gurdev

Kaur's case (supra), the Government of Punjab came out with a

policy decision on 04.03.1999. Clause 2(a)(iv) reads as under:-

"(iv) That they had been appointed initially on part time basis through Employment Exchange or through open advertisement in the press; and"

5. The appellant was neither appointed through the

Employment Exchange nor through an open advertisement in the

press. Moreover, as per the stand of the State, there is no post of the

Part Time Sweeper. The Court is not expected to pass orders while

issuing directions, which are beyond the policy.

6. Keeping in view the aforesaid facts, no ground to

interfere is made out.

7. Hence, dismissed.

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8. All the pending miscellaneous applications, if any, are

also disposed of.

15.11.2023                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2023:PHHC:145477

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