Inder Jeet Kaur & Ors. v. Mukhtiar Singh & Ors.

C. W. P. No. 3056 of 1995 Inder Jeet Kaur and others ....Petitioners State of Punjab and others v. ... ....Respondents

C. W. P. No. 18263 of 1996 Mukhtiar Singh and others ....Petitioners State of Punjab and others v. ... ....Respondents

C. W. P. No. 11696 of 1996 Paramjit Singh and others ....Petitioners State of Punjab and others v. ... ....Respondents

C. W. P. No. 8789 of 1994

Smt. Krishna Kumari ....Petitioner v. Punjab Women and Children Development and Welfare Corporation and others ....Respondents ...

C. W. P. No. 12445 of 1993 Smt. Krishna Kumari ....Petitioner v. Punjab Women and Children Development and Welfare Corporation and others ....Respondents ... CWP No.3056 of 1995, CWP No.18263 of 1996, [2] CWP No.11696 of 1996, CWP No.8789 of 1994 & CWP No.12445 of 1993 Date of Decision: 19 - 8 - 2010 CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.D.S.Patwalia, Advocate for the petitioners in CWP No.3056 of 1995. Mr.Saurabh Chopra, Advocate for the petitioners in CWP No.18263 of 1996. Mr.K.L.Arora, Advocate for the petitioners in CWP No.11696 of 1996. Petitioner in person in CWP Nos.8789 of 1994 and 12445 of 1993. Mr.J.S.Puri, Addl. A.G., Punjab. for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) By this common order aforementioned five writ petitions preferred by the employees of erstwhile Punjab Women and Children Development Welfare Corporation (hereinafter to be referred as, `the Corporation') shall be decided together. The State Government took a conscious decision not to continue with the Corporation due to huge financial losses and mis- management. Therefore, active steps were taken for winding up of the Corporation. It is pleaded in the writ petitions that various employees of the Corporation have been absorbed in various departments of the State Government as per policy, Annexure P8. A primary grievance projected in these writ petitions is that juniors to the petitioners have been absorbed, whereas principle of `Last come, first go' has not been followed. This Court on 28.7.2010 had passed the following order:- “Mr. J.S. Puri, Addl. AG, Punjab states that the case of each petitioner was sent to the Govt. In the Department of CWP No.3056 of 1995, CWP No.18263 of 1996, [3] CWP No.11696 of 1996, CWP No.8789 of 1994 & CWP No.12445 of 1993 Personnel for consideration towards absorption/re-employment in a Government Departments. Mr. Puri further states that most of the petitioners have been adjusted. It is further submitted that in case, those petitioners, who have not been re-employed till today, their names may be given so that he could revert back to this Court as to what consideration was given by the Department of Personnel qua them. Mr. D.S. Patwalia, Advocate states that out of 59 petitioners in CWP No.3056 of 1995, the following 11 petitioners, remain to be re-employed / absorbed:-

Smt. Inderjeet Kaur Smt. Usha Bhola Shri Pritpal Dhiman Smt. Sahib Kaur Smt. Madhu Gupta Smt. Uma Sharma Smt. Baljit Kaur Shri Rajinder Singh Smt. Veera Vati Smt. Sarbjit Kaur Smt. Manmohan Kaur Mr. K.L. Arora, Advocate has submitted that all 7 petitioners in CWP No.11696 of 1996 have not been re- employed. Their names are as follows:-

Paramjit Singh Siwal Singh Rajinder Kumar Ajit Kumar Ms. Salwinder Kaur Harbans Kaur Ram Kumar Mr. Saurabh Chopra, Advocate has submitted that all 5 petitioners in CWP No.18263 of 1996 have not been re- employed. Their names are as follows:- CWP No.3056 of 1995, CWP No.18263 of 1996, [4] CWP No.11696 of 1996, CWP No.8789 of 1994 & CWP No.12445 of 1993

5. Mukhtiar Singh Balbir Kaur Usha Gupta Ranjit Singh Vinod Kumar In CWP No.8789 of 1994 and CWP No.12445 of 1993, petitioner Smt. Krishna Devi has not been re-employed. To await for the response to be filed by Mr. J.S. Puri, Addl. AG, Punjab, adjourned to 18.08.2010. Considering the chequered history of the case, State Government may consider the case of the petitioners for re- employment or Golden Hand Shake Scheme sympathetically. A copy of this order, attested by the Special Secretary of this Court, be handed over to Mr. J.S. Puri, Addl. AG, Punjab for onward transmission and compliance. Photocopy of this order be placed on the files of each connected case.” Today, Mr.J.S.Puri, Additional Advocate General, Punjab on instructions from Mr.Iqbal Singh Sidhu, I.A.S., Secretary, Department of Personnel, Mr.V.K.Singh, I.A.S., Director, Disinvestment, Department of Finance and Mr.Rajnish Kumar, Deputy Director, Social Security, Women and Child Development, who are present in Court, has stated that the Department of Social Security, Women and Child Development will put up a detailed note within 15 days from today before the Chief Secretary, Punjab, who shall convene a meeting of all the concerned departments to consider the case of the petitioners sympathetically.

Mr.Puri further states that an opportunity shall be afforded to the petitioners to project their view point in their representation to be made to the Chief Secretary. He further states that in case such a representation is submitted within three weeks from today, the decision thereon shall be taken up by the Chief Secretary at CWP No.3056 of 1995, CWP No.18263 of 1996, [5] CWP No.11696 of 1996, CWP No.8789 of 1994 & CWP No.12445 of 1993 the earliest. It is further submitted that after the Chief Secretary finally formulate an opinion in consultation with the concerned Adminsitrative Secretaries, thereafter, the Administrative Secretary shall pass a speaking order in accordance with law after taking necessary permission from the competent authority. Counsel for the petitioners even though they have their reservations, very fairly stated that in the interest of the employees that at present they accept the proposal put forward by Mr.Puri without prejudice to their rights and arguments available to them.