Bhajan v. State Of Haryana & ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-6509-2003 Date of decision: 30.08.2024 Bhajan

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

None for the petitioner.

Mr. Tapan Kumar, DAG, Haryana.

***** AMAN CHAUDHARY, J. (Oral) 1.

Prayer made in the present petition is for quashing the order dated 14.02.2003 and directing the respondents to regularize the services of the petitioner.

2.

Learned State counsel makes a reference to para 1 of the written statement dated 28.07.2003, which reads thus: "A perusal of the instructions dated 7.3.1996 and 19.3.1996 shows that these instructions were issued in the year 1996 and the cut off date was fixed as 31.1.1996. As per the instructions dated 7.3.1996 and 19.3.1996, the casual labourer/daily wager employees shall be regularised provided i) they are in service on the last date i.e. cut off date 31.1.1996, ii) they should have completed three years service on 31.1.1996, iii) they have worked for a minimum period of 240 days in each year and iv) the break in service in any year is not more than one month at a time. In the present case neither the petitioner was in service on 31.1.1996, nor he completed 3 years service on 31.1.

1996, nor he had worked for 240 days in each of the last 3 years and also there are breaks for more than 30 days in a year at one time as detailed above. So the petitioner does not fulfill any of the conditions of these instructions, Hence the claim of the petitioner is not covered under these instructions/ policies." 3.

There is no rebuttal to the aforesaid by way of any replication. 4.

In view of the above reply, the present petition is hereby dismissed.

(AMAN CHAUDHARY) JUDGE 30.08.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.08.31 16:34 I attest to the accuracy and integrity of this order/judgment