2020 PLP (C (PLC(CS)N)

This single order shall dispose of the instant and connected appeals i.e. I.C.A. No.124942/17 and I.C.A. No.123799/17. The writ petitions, by appellants, seeking direction for regularization were dismissed being not maintainable.

2. After arguing the case at some length, it has transpired that the appellants/writ petitioners, in this and the connected appeals, were not regularized despite a policy decision through Notification dated 28.02.2012 issued by Government of the Punjab, S&GAD (Regulations Wing) ("the Notification"). As per the Notification, regularization of the contractees in BS-16 and above were to be considered by a Committee ("the Committee") comprising of; (i) Secretary of the Administrative Department (Chairman); (ii) Head of the Autonomous Body (Member); (iii) Representative of Regulations Wing, S&GAD (Member); and (iv) Representative of Finance Department (Member). The Notification is addressed to all Administrative Secretaries and all Heads of Autonomous Bodies in Punjab.

3. The learned counsel for respondents could not deny the assertions, however, has attempted to create a distinction that Punjab Education Foundation ("Foundation"), established under the Punjab Education Act, 2004 ("the Act, 2004") is a different autonomous body as the appointments by the Foundation are not based on the Basic Scales prevalent for civil servants in Punjab. He explains that all employees including the appellants/writ petitioners are/were being paid market-based salaries. The learned counsel for the appellants claims, conversely, that the posts, against which the writ petitioners were appointed, are regular vacancies as envisaged under the subsequent Notification dated 02.03.2013 ("subsequent Notification"), wherein scope of the Committee, under the Notification, is also prescribed. Learned counsel for the respondents contends that the posts in question are not regular vacancies. On Court's query, he could not show that the Foundation was excluded from operation of the Notification.

4. In our opinion, the issue whether the Foundation is an autonomous body covered under the Notification, needs to be examined, first by the Committee because Head of the respondent Foundation shall represent it, being Member of the Committee, along with the representatives from Services and General Administration Department ("S&GAD") and Finance Department.

5. The Secretary S&GAD is directed to convene a meeting of the Committee under Notification dated 28.02.2012 read with subsequent Notification dated 02.03.2013 and consider the above noted contentions from both sides. If in Committee's opinion, the Foundation is an autonomous body under the above noted Notifications, then the appellants/writ petitioners' case for regularization be considered accordingly. If the Committee's opinion is otherwise, then a speaking order shall be passed by the Committee giving reasons of ousting the respondent/ Foundation from the statutory autonomous bodies in the Punjab, enabling the appellants/writ petitioners to avail their remedy before proper forum, in accordance with law. The Committee is expected to be constituted within a fortnight and proceedings to be concluded within next two months.

6. In view of the above, this appeal (I.C.A. No.123793/17) along with the connected appeals i.e. I.C.A. No.124942/17 and I.C.A. No.123799/17 are allowed and the impugned judgment of the learned Single Bench shall be deemed amended accordingly. SA/T-5/L Order accordingl