NIHAL SINGH & OTHERS versus STATE OF PUNJAB & OTHERS

NIHAL SINGH & OTHERS versus STATE OF PUNJAB & OTHERS

The appellants, appointed as SPOs under s.17 of the Police Act, 1861 by the State and subject to its disciplinary control, are entitled to regularisation of their services. Payment by banks does not render them employees of the banks. The State's failure to create posts and absorb the appellants after extracting their services for decades is arbitrary. State Government is directed to regularise their services by creating necessary posts.

Parties
Appellants: Nihal Singh & Others; Respondents: State of Punjab & Others
Jurisdiction
India
Judgment Date
07 August 2013
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeals allowed
Legal Topics
Regularisation, Appointment of Special Police Officers, Creation of Sanctioned Posts, Service Benefits, Master and Servant Relationship
Service Law Regularisation Appointment of Special Police Officers Creation of Sanctioned Posts Service Benefits Master and Servant Relationship

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Parties

Nihal Singh & Others

Appellants

State of Punjab & Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the appellants (ex-servicemen appointed as Special Police Officers under s.17 of the Police Act, 1861) are entitled to regularisation of their services by the State of Punjab
  2. 2 Legality of rejecting appellants' claims on the ground that wages are paid by banks, not the State
  3. 3 Justification for State's refusal to absorb appellants due to lack of sanctioned posts

Ratio Decidendi

The appellants, appointed as SPOs under s.17 of the Police Act, 1861 by the State and subject to its disciplinary control, are entitled to regularisation of their services. Payment by banks does not render them employees of the banks. The State's failure to create posts and absorb the appellants after extracting their services for decades is arbitrary. State Government is directed to regularise their services by creating necessary posts.

Court Disposition

Appeals allowed

Orders

  • Judgments under appeal set aside
  • State of Punjab directed to regularise the services of the appellants by creating necessary posts within three months