January 22, 2022 3:39:41 am
The Punjab and Haryana High Court while disposing of a bunch of petitions have set aside order of year 2013 of the Punjab Government wherein services of 98 Assistant District Attorneys (ADA) appointed on contract basis were regularized.
The Bench of Justice Sudhir Mittal, which had been hearing the matter said order dated October 8, 2013, appointing the private respondents against public posts by a mode not envisaged by the Rules framed under proviso to Article 309 of the Constitution of India is set aside.
Justice Mittal meanwhile made it clear that, “the State may, however, continue them as contract employees subject to initiation of process of direct appointment to the posts within six months. The private respondents would also be eligible to apply for the said posts and keeping in view the facts and circumstances of this case, it is directed that stipulation of upper age limit shall be relaxed for them. The process be completed within one year.” The Bench also directed that stipulation of upper age limit shall be relaxed for them.
The petitioner Gurinder Singh, Harwinder Singh and others, through counsels Anurag Goyal, Parth Goyal, Kapil Kakkar, Shivam Malik, and Amarjit Kaur, have sought for quashing of orders dated October 8, 2013, regularizing the services of the respondents.
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As per the order, the Government of Punjab issued an advertisement dated October 17, 2009 inviting applications for 98 posts of ADA on contract basis. Appointment was for a period of one year or till regular recruitment and the same was liable to be terminated without passing any order on completion of the term of contract unless the same had been enhanced.
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