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2006 DIGILAW 1015 (SC)

Municipal Corporation, Patiala v. Vinod Kumar

2006-09-07

A.K.MATHUR, G.P.MATHUR

body2006
JUDGMENT Leave granted. 2. This appeal, by special leave, has been filed by Municipal Corporation, Patiala challenging the judgment and order of High Court of Punjab and Haryana by which the writ petition filed by the respondents was disposed of with certain directions regarding regularisation of their service and payment of salary. 3. Learned counsel for the appellant has submitted that the issue of regularisation of service has been recently examined by a Constitution Bench of this Court in Secretary, State of Karnataka & Ors. v. Uma Devi & Ors. (2006) 4 SCC 1 and the doctrine of equal pay for equal work has also been examined in State of Haryana & Ors. v. Charanjeet Singh & Ors., JT 2005 (12) SC 475 and the judgment rendered by the High Court is not in accordance with law laid down in the aforesaid cases. Learned counsel for the respondent-employees has, 5 on the other hand, submitted that the Government of Punjab has announced a policy for regularisation of employees, whereunder the respondents are entitled to be regularised. Learned counsel for the appellant has not disputed the said fact but has submitted that regularisation of service can be done only in accordance with the conditions which are enumerated in the said policy and in terms thereof. 4. Having considered the submission made by learned counsel for the parties, we are of the opinion that the matter requires a fresh consideration by the High Court in the light of the decisions referred to above and other decisions of this Court and also the policy issued by the Government of Punjab. 5. The appeal is, accordingly, allowed and the judgment and order under challenge is set-aside. The matter is remanded back to the High Court for a fresh decision of the writ petition. It is made clear that this Court is not expressing any opinion on the merits of the claim made by the concerned employees. Appeal allowed.