6e a1 427 CWP No2317 of 2008 e ee Q IN THE HIGH COURT OF PUNJAB AND HARYANA AT 1 CWP No2317 of 2008 DATE OF DECISION1 December 162011 Gurjant Singh and others Petitioners versus State of Punjab and others tespondents C CORAM HONBLE M2S JUSTICE DAYA CHAUDHARY 0 Presentl M01 Rattan Sidhu Senior Advocate with MrRajbir Attri Advocate for the I Petitioners C5 MAlok Jain Additional Advocate General I Punjab MrPrem Kumar Advocate for respondent No3e Z MrDhiraj Chawla Advocate for respondent NosA to 8 r I DAYA CHAUDHARYJ Z The present petition has been filed for 0 quashing of order dated 14122007 nnexure P151 as 7 Z well as order dated 1712 2007 nnexure P 161 by tl virtue of which the services of the petitioners have been terminatede Factual matrix being ln narrow compass I will notice the relevant facts An advertisement was issued on 21121996 inviting applications for SlX posts of Clerkse Even the requisition was sent for sponsoring the names of the eligible candidat6Se The candidates were Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 428 CWP No2317 of 2008 2 0 interviewed on 251997 Accordingly the 1 petitioners were declared successful and they were appointed as Clerks vide order dated 2051997 The Dlrector Local Govt on receipt of anonymous complaints decided to withdrawlannul the appointment of he petitioners without issuing any show cause notice vide order dated 921998 The said order was challenged by the petitioners by way of filing a 1 writ petition The writ petition was disposed of on 0 2071999 with a direction to the Municipal Council 0 to conduct the fresh selection after constituting a I C5 committee ln accordance with rule Till the I selection is made the petitioners are allowed to Z continue on their posts In case the petitioners are 0 not selected they will be allowed to continue for 10 I days after having been infonned about the result as t3 Z they may be able to seek their remedy Process of m fresh selection was commenced However vide orders 7 dated 1782001 and 1592001 the entire process of Z selection was cancelled by the Municipal Council tl Fresh advertisenent was issued annulling the previous 1 process of selection wherein the petitioners were sure to be selected A fresh advertisement was issued on 1892001 In the meantime the petitioners have approached this Court challenging the aforesaid orders dated 1782001 and 1592001 vide order Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 429 CWPNo2317 of 2008 0 dated 4122001 this Court issued a direction to the respondentsto constitute a fresh committee which will take into account the results of the typing test It was further directed to hold the intervlew and completethe process of selection within a period of six monthSe In compliance of the said direction the respondents declared the result of the typing test in which they were declared unsuccessful and 1 therefore they were not called for interview The ate of result was apprised to the epetitioners vide 0 order dated 272002 Aggrieved by the said action I C9 of the respondents the petitioners again approached I this Court challenging the selection for the post of Z ClerkS e The stand taken by the respondents was that 2 the post of Octroi Clerk was abolished and therefore the services of the petitioner were no Z more required The writ petition filed by the co petitioners was dismissed vide order dated 712003 W2 The termination was challenged by the Z petitioners before the Labour Court According to Qm the petitioners both the parties have arrived at compromise The condition in that compromise was that ln case the petitioners did not claim the back wages they would be reinstated and accordingly the 1 petltloners withdrew their case The respondent Municipal Council passed a resolution on 26122006 making recommendation of the petitioners for Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 430 CWPNo2317 of 2008 0 reinstatement with continuity of serVlCSe affidavit was also taken for withdrawal and non claiming of back wages However the said resolution was rejected by the Director Local Govt vide order dated 1632007 Aggrieved by the said order of rejection dated 1632007 the petitioners submitted representation to the Chief Secretary Local Govt Accordingly respondent NolSecretary set aside the W order dated 1632007 and issued a direction that the 0 petitioners be reinstated in services without back U wages as per the resolution dated 261220060 In I C0 compliance with the said direction the Directorate I Local Govt vide order dated 13 2007 issued a Z direction to the Executlve Officer Municipal Council Malerkotla to allow the petitioners to I rejoin with continuity of service Accordingly the r Z petitioners rejoined ln the Month of April 2007 On m being their rejoining they moved an application for withclrawal of the case which was allowed by the Z Labour Court vide order dated 7 12 2007 After withdrawal of the case the respondents passed an order dated 17122007 terminating the services of 1 the petitioners without issuing any show cause notlcee The reason assigned in the order was that Slnce respondent No l had withdrawn the revival of the post therefore their senTices were deemed to be tenninated vide order dated 14122007 Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 431 CWPNo2317 of 2008 5 1 0 claim of the petitioners was contested The by the respondent Nosl and 2 The impugned orders passed by the respondents are legal and valid A specific stand has been taken that the work of the Octroi has been abolished and thirty one employees have been declared surplus therefore it has been decided to annul the appointment of the petitioners I have heard learned counsel for the parties j and also gone through the record of the case 0 Assailing the impugned orders learned 0 senlor counsel for the petitioners submits that the I C5 reference was withdrawn by the petitioners on account I of compromise arrived at between the parties and Z therefore the labour Court has passed the award On 2 7122007 The matter being compromised between the I parties the respondentunicipal Council had passed CJ Z Resolution dated 26122006 deciding to reinstate m servlces of the petitioners which was approved by the m Principal Secretary Punjab Govt Local Govt Punjab Z vide order dated 02 2007 and therefore the Qm petitioners have withdrawn the reference before the Labour Court Taking advant8ge of withdrawal of the reference the respondents ln a clandestine manner have made havoc with the lives of the petitioners by passlng the impugned orders dated 14122007 and 17122007 whereby the petitioners were brought on road by cancelling the appointments Demolishing the 1 Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 432 e CWPNo2317 of 2008 P 4r stand of the respondents that the posts of Octroi Clerks were abolished and there being surplus staff do not relate to the petitioners inasmuch as the petitioners were appointed lIl the year 1997 and the posts were abolished at a very later stage as such the oetitioners are entitled for the relief as claimed Terminating the services of the petitioners without issuing any show cause notice is violative of m principles of nature justice In support of his 0 econtentionSl learned senlor counsel has placed 0 reliance on the juclgment rendered lIl IvhSeRekha I Chiatuzvedi Ve University of Raiasthan 199321 S6T I 279 Z Defending the impugned orders learned 2 Q counsel for the respondents submits that the appointment of the petitioners has rightly been t Z cancelled CO Before examining the contentions one by one nm it is necessary to throw the light on the facts of Z the case which is necessary for the adjudication of Qm the present case vide Resolution dated 138 dated 951997 passed by Municipal Council Malerkotla the petitioners were selected and appointed as ClerkS e Consequent upon the order dated 921998 passed by the Director Local Government Punjab the appointment of the petitioner was annulled The Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 433 1 CWPNo2317 of 2008 7 1 t3 challenged by the petitioners by way 6 termination was of filing CWP No2227 of 1998 which came to be disposed of vide order dated 201999 with a direction to hold fresh selection after constitutlng Selection Committee in accordance with the Rules and till such time the petitioners were ordered to be continued in service In case the petitioners are not selected they will be allowed to continue for 10 1 days after having been apprised the result as they 0 maybe able to seek their remedy Process of fresh U selection was commenced without assigning any I C5 reason the selection process was cancelled vide I orders dated 1782001 and 1592001 Consequent Z upon the aforesaid cancellation fresh advertisement r was issuede Aggrieved by the said orders dated I 17 82001 and 152001 the petltloners have t z approached this Court by way of filing writ petition bearing CWP No15174 of 2001 The aforesaid writ 10 7 Petition Wc7S disposed of by this Court vide order Z dated 4122001 with a direction to the respondents CL to constitute a fresh committee which will hold the lntervlew It may be relevat to mention that in the aforesaid order it was stipulated that the fresh advertisement was withdrawn and the process of selection would be completed taking into consideration the result of the typing test The said stipulation was agreed by learned counsel for Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 434 0 8 CWP No2317 of 2008 Q the petitioners Consequently vide order dated 1 22002 the result of the petitioners was declared 111 which they were declared unsuccessful and therefore they were not called for intervleWe Having failed in passing the typing test the petitioners again approached this Court by filing a CWP No10262 of 2002 wherein a challenge was made that the Punjabi Typing Test was not a prescribed i qualification for appointment to the post of Clerk 0 vide order dated 712003 the aforesaid petition was 0 dismissed mainly on the ground that the petitioners I 0 did not qualify the typing test vide Resolution I dated 2952003 the Municipal Council specified Z that there was no need for more employees as the 2 Octroi was abolished After the dismissal of the I writ petition the petitioners approached the Labour t Z Court Patiala for quashing the decision dated 01 272002 In the meantime the petitioners moved a 7 representatlon before the Municipal Council Z Malerkotlae One of the representations moved by On Rashid Ahmad petitioner No3 1S attached with the petltlOOe The said represltation shows that the reference would be withdrawn and no back wages would be claimed in case reinstatement into service with continuity of service is made In pursuance to the representation the Municipal Council Malerkotla passed a resolution dated 26122006 decided to Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 435 1 CWPNo2317 of 2008 1 0 reinstate the petitioners into servlcee vide order dated 2212007 the aforesaid resolution was 1 rejected by the Director Local Govt on the ground that the post of Octroi Clerk has been abolished However vide order dated 22007 the Government 1 has set aside the order dated 2212007 and approved the decision taken lIl the resolution dated 2612200 Accordingly the Directorate Local Govt 1 1 vide its order dated 13 2007 issued a direction to 0 the Executive Officer Municipal Council Malerkotla 0 to allow the petitioners to rejoin with continuity of I C5 servlcea One of the petitioners namely Gurj ant 1 I Singh made a statenent before the Labour Court that Z Slnce he has been taken back in service therefore C he does not wish to press the reference and I accordingly that reference has been dismissed On t Z transpiring that the order passed by this Court ln cwP No10262 of 2002 was not brought to the notice ma and also the fact that vide resolution dated Z 292007 thirty one employees were declared as 1 Om surplus and therefore the appointment of the petitioners was ordered to oe annulled The said decision was taken vide order dated 14122007 Following the said decision the Furecutive Officer Municipal Council Malerkotla vide its order dated 17122007 cancelled the appolntment of the 1 petitioners and they were relieved from duty Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 436 r 10 CWP No2317 of 2008 1 0 Aggrieved by the orders dated 14122007 and 17122007 Annexures P15 and P16 respectively 1 1 the petitioners have approached this Court While arguing the caseMrSidhu highlighted his arguments on three points firstly there was no need to pass the typing test secondly reference was withdrawn on account of compromise and therefore the impugned orders are bad in law7 and thirdly the m C abolition of the post of Octroi Clerks does not 0 adversely affect the petitioners as the posts were 0 abolished in the year 2007 and the selection and I 5 appointment of the petitioners relates to the year I 1997 Z As far as the arguments of learned senior 2 counsel that there was no need to pass the typing I test does not hold water in the light of direction t Z issued by this Court on 4122001 in CWP No15174 of m 2001 wherein it was agreed upon by learned counsel W2 appearing for the petitioners that the typing test Z which had already been taken would be taken into 0m consideration by the fresh committee Consequent upon the aforesaid agreement the result of the typlng test WaS declared on 272002 and the petitioners were declared unsuccessful Dis satisfied with the aforesaid result the petitioners again approached this Court through CWP No10262 of Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 437 CWP No2317 of 2008 11 0 2002 which was dismissed on the premise that the petitioners did not qualify the typing test Second argument of learned counsel that the reference was withdrawn on account of compromise between the parties has no merit Firstly the matter hasoeen adjudicated upto this High Court through varlous writ petitions including CWP No10262 of 2002 whereby the claim of the petitioners has been rejected which was raised before the Labour Court as 0 ell as in the present writ petition Even the 0 industrial dispute raised before the Labour Court was I C not maintainable in the light of the fact that 1 the issue raised before the Labour Court has already Z been adjudicated upon by this Court in CWP No10262 2 Ct of 2002 No appeal or any other renedy was availed of by the petitioners for challenging the decision t Z rendered by this Court ln CWP No10262 of 2002 decided on 72003 which attained finality A 7 perusal of the application dated 592006 Annexure Z P 8 moved by one ofthepetitionersnamelyRash Ahmed for reinstatement in service does not show that there 1S any compromise arrived at between the parties Even in the proceedings carried out in the resolution dated 26122006 Annexure P9 do not suggest that the matter has been patched up between the parties rather it shows that the petitioners m6ved application for reinstatement ln servlcee More Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 438 9 ep CWPNo2317 of 2008 12 0 SO the award dated 7 12 2007 passed by the Labour Court shows that the reference was not pressed by one of the petitioners namely Gurjant Singh and 1 therefore the reference was dismissed All the aforesaid documents sho that the matter has not been compromised between the parties The third argument of Mr Sidhu has also no merit and it is hereby rejected on the prernise that vide Resolution dated 292003 the Municipal 0 eCouncil specified that there was no need for more C0 employees as the Octroi was abolished When the writ I C5 petition bearing CWP No10262 of 2002 filed by the I petitioners has already been dismissed by this Court Z the Resolution dated 26122006 passed by the Municipal Council Malerkotla has no significance ln I the light of decision taken by the Governt vide t z order dated 14122007 which was subsequently 00 followed by the order dated 17122007 e7 The judgment rendered in Rekha Chatudi s Z case supral 1S not applicable to the facts of the tl case because in the present case this Court has already decided the controversy agalnst the petitioners whereby the petitioners were not found suitable for the appointment as Octroi Clerks Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 439 1 CWP No2317 of 2008 13 0 C In view of the aforesaid discussion the present petltlon 1S devoid of any merlte Accordingly the writ petition is dismissede Decener 162011 DAYA CHAUDHARYI 4 9 KD JUDGE l Otl 11 2 I Z 2 0 I Z oo amo Z Singh Gagan Preet 2014.01.08 13: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document