High Court of Punjab and HaryanaCWP/9729/2019disposed of

Gurcharan Kaur @ Charan Kaur v. State Of Haryana And Others

2019-04-11Mr. Justice Harsimran Singh Sethi2 pages

CWP-9729-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9729-2019 Date of decision: - 11.04.2019 Gurcharan Kaur @ Charan Kaur

...Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Karan Bhardwaj, Advocate, for the petitioner.

**** HARSIMRAN SINGH SETHI , J. (ORAL) Counsel for the petitioner states that petitioner was working as a Part-Time Water Carrier with the respondents from the year 1978 till the year 2016, but her services were not regularized though her case was squarely covered for regularization of service under the policy decision dated 01.02.1999 taken by the respondents-State. Counsel for the petitioner further states that similarly situated employees, namely, Gurmail Singh son of Mam Raj and Randhir Singh son of Kuda Ram approached this Court claiming the regularization of their services under the said policy decision dated 01.02.1999, which prayer was allowed by this Court after which, respondents have regularized their services, vide letters dated 03.08.2018 (Annexures P-8 and P-9).

NARESH KUMAR 2019.04.22 10:22 I attest to the accuracy and integrity of this document Chandigarh

CWP-9729-2019 -2Counsel for the petitioner further states that these two employees were junior to the petitioner and therefore, once the services of juniors employees have been regularized in the year 2018, the same benefit should have been extended to the present petitioner also and hence, respondents are liable to be directed to regularize the services of the petitioner under the policy dated 01.02.1999. Counsel for the petitioner states that for the relief, which has been sought in the present writ petition, petitioner has served the respondents with a legal notice on 17.12.2018 (Annexure P-12), which is still pending consideration with the respondents and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to the respondents to decide the said legal notice.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioner, the respondents are directed to decide the legal notice dated 17.12.2018 (Annexure P-12) by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. In case after the decision, it is found that the petitioner is entitled for any monetary benefit, the same shall also be released to her within a period of next three months.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) April 11, 2019 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2019.04.22 10:22 I attest to the accuracy and integrity of this document Chandigarh