IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 1173 of 2008 Date of Decision: 31.1.2009. Parminder Kaur ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Parminder P. Sharma, Advocate for the petitioner. Mr. B.S. Chahal, D.A.G., Punjab for respondents no.1 to 3. *** PERMOD KOHLI.J (ORAL) Petitioner is serving as a Lecturer in Commerce at Shahid Udham Singh Govt. College, Sunam. She was engaged as Guest Faculty after selection by the Principal. The petitioner submits that she is performing the duties, which are being performed by the permanent Lecturers. Petitioner has filed this petition seeking direction to allow the petitioner to continue in service till the post is filled up on regular basis. In the reply filed, the stand of the respondents is that the petitioner is being paid honorarium @ Rs. 175/- per hour and she was engaged for the academic session. Her emoluments are being paid from the Parent-Teacher Association Fund. It is contended on behalf of the respondents that there is no regular appointment of the petitioner and thus she is not entitled for the minimum pay scale or the regularisation and she has no right to continue in service. Be that the petitioner was engaged as a CWP No. 1173 of 2008 -2- Guest Faculty temporarily. There is nothing in the reply to indicate that the services of the petitioner are not required. It is now recognized legal position that the petitioner cannot be replaced by similar ad hoc and temporary arrangement, if the services of the Lecturer for the discipline of Commerce are needed in the Institution. This petition is accordingly disposed of with the following directions:- 1. If the respondent Institute needs the services of the Lecturer for teaching the students in the discipline of Commerce, the respondent Institute may continue the petitioner subject to her qualifications and other eligibilities. 2. Petitioner shall not be replaced by the similar temporary arrangement. Petition is disposed of as such. (PERMOD KOHLI) JUDGE 31.1.2009 lucky