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Law Firm State of Punjab and others. etc v Supreet Rajpal and Another - Date of Judgment: 13th Nov 2007
Case No.: Appeal (civil) 5165-5167 of 2007 -  Bench: Dr. Arijit Pasayat & P. Sathasivam

Judgment: CIVIL APPEAL NOS. 5165-5167 OF 2007 (Arising out of S.L.P. (C) Nos.18877-18879 of 2005)
Dr. Arijit Pasayat, J.
- Leave granted

Challenge in these appeals is to the order passed by a Division Bench of the High Court of Punjab & Haryana at Chandigarh allowing the writ petitions filed by the respondents who were appointed as part time lecturers with the following directions:

"In view of the above, the petitions are allowed and the respondents are directed to consider the petitioners for regularisation de-hors of the contractual clause indicated in the advertisement and also the same having been mentioned in the terms of appointment. If regularised, they shall also be considered for being placed in the regular pay scale with the initial pay payable accordingly. This entire exercise be carried out by the respondents within three months from the date of receipt of certified copy of this judgment. It may be clarified that in view of the fact that the State has filed special leave petition against the judgment rendered in Ms. Maninder Kaur's case (supra), the result thereof shall also affect the consideration and the relief grantable and granted to the petitioners. This fact, may be specifically mentioned in the orders which may be passed by the concerned authorities. The cases where the regularisation has already been granted pursuant to the aforestated policies of the Government or as the case may be, they shall be considered for being placed in the respective pay scales applicable accordingly and shall be placed at the initial stage in accordance with the provisions of law. No order as to costs."

3. Learned counsel for the appellants submitted that the prayer in the writ petitions was not for regularisation of the services and the relief sought for by them was different. By the impugned judgment, the High Court has directed to consider the case of the respondents hereinafter for regularisation de-hors the contractual clause indicated in the advertisement and mentioned in the terms of appointment.

4. There is no appearance on behalf of the respondents.

5. Learned counsel for the appellants, during the course of hearing, had referred to an order passed by this Court in a group of several Civil Appeals, i.e. Civil Appeal No.8745 of 2003 and other appeals, in the case of Harguru Pratap Singh and Ors. Vs. State of Punjab and Ors., etc. disposed of on 07.11.2003. Particular stress was laid on the following observations:

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