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Legal Volume 17, ex 313, 405 words 80 wpm (English)
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The appellant was appointed temporarily in class 4th post of night guard on daily wages vide office order dated 04.06.1983 issued by Principal, Punjab Agriculture University, Ludhiana. The University vide letter dated 04.07.1985 took a decision to regularize the persons who worked for more than 240 days and as per the letter dated 30.03.1987 as per which employees who have been working for a period for more than one year need to be regularized. Thereafter, the Additional Commissioner-cum-Secretary, Punjab passed a settlement dated 11.07.1989 and forwarded a copy of the same to the Vice-Chancellors of the Universities wherein it was stated that the services of employees working in educational institutions as per the staff pattern can be regularized further imposing a condition that new appointments against the vacancies present and in future should not at all be done. Principal, Punjab Agriculture University requested the Registrar of the University to regularize the services of appellant vide letter dated 07.10.1993 but the Registrar passed an order of termination dated 01.03.2001. A writ petition No.98 was preferred by few similarly placed daily wagers in the High Court. As per the directions issued by the High Court the Registrar of the University vide letter dated 22.12.2001 allowed all the daily wagers to resume their jobs from 03.01.2002 and the appellant also joined his duties. The Principal of the College again vide letters dated 08.01.2002 and 12.07.2004 recommended for absorption of the appellant against the two vacant posts. In pursuance of the High Court in CWJC No.57 of 2000 he was given opportunity to appear before the 3 Members Committee constituted by the Vice-Chancellor for consideration of his claim for regularization of services but the same was rejected as it was not in consonance with the recruitment rules laid down by the Constitution Bench judgment in Secretary State of Karnataka and others Vs. Uma Devi and the same was informed to the appellant by the Registrar vide letter dated 25.11.2007. Appellant approached the High Court by way of writ petition No.54 of 2009 and the same was dismissed vide order dated 26.08.2011 observing that it is a clear case of violation of Section 10 and Section 35 of the Punjab State Universities Act, 1976 and there is no illegality in the order passed by the 3 Members Committee. Aggrieved by it the appellant preferred LPA No.13 of 2012 which was dismissed. The appellant thereafter filed special leave to appeal.
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