Shish Pal v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 02.09.2025 Shish Pal ......Appellant Vs.

State of Haryana and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present :

Mr. Deepak Sonak, Advocate, and Mr. Raman Sharma, Advocate, for the appellant.

Mr. Harish Nain, AAG, Haryana, for respondents No.1 to 4.

**** SUDEEPTI SHARMA J. (ORAL) CM-5549-C-2024 The present application has been filed under Section 151 CPC for condonation of delay of 46 days in re-filing the present appeal. For the reasons mentioned in the application, the same is allowed and the delay of 46 days in re-filing the present appeal is condoned. 1.

The present regular second appeal is preferred against the judgment and decree dated 02.11.2017 passed by learned Civil Judge (Senior Division), Yamuna Nagar, whereby, suit for mandatory injunction filed by the appellant was dismissed and judgment and decree dated 06.12.2023

-2passed by learned Additional District Judge, Yamuna Nagar, whereby, the appeal filed against the judgment and decree dated 02.11.2017 was also dismissed.

2.

Learned counsel for the appellant contends that the suit was filed for regularization of service of the appellant in view of the notifications issued by the Government of Haryana dated 01.10.2003, 10.04.2011 and 18.06.2014. Notification dated 01.10.2003 was issued for the persons working on daily wages, who completed three years of service, notification dated 10.04.2011 was for the persons, who completed ten years of service and notification dated 18.06.2014 was for the persons, who completed three years of service, who could be regularized under the above referred to notifications.

3.

Learned counsel for the appellant fairly submits that the appellant is not covered under the notifications dated 01.10.2003 and 10.04.2011, whereas, he can be regularized under the notification dated 18.06.2014. He further submits that notification dated 18.06.2014 was challenged before this Court and the same was struck down by this Court. The State of Haryana has filed SLP No.31556 of 2018 titled as 'State of Haryana and others Vs. Yogesh Tyagi', which is still pending adjudication. He, therefore, does not press the present appeal, at this stage, and prays that liberty be granted to him.

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In view of the above, the present regular second appeal is dismissed as not pressed with liberty to the appellant to avail the remedy as is available to him in accordance with law, after the decision of SLP No.31556 of 2018.

5.

Pending application(s), if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 02.09.2025 Virender Whether speaking/non-speaking : Yes Whether reportable : Yes/No