Charanjeet Singh v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9929-2021 (O&M) Decided on :06.05.2024 CHARANJEET SINGH . .Petitioner

Versus

STATE OF HARYANA AND OTHERS . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Sanjeev Patiyal, Advocate for the petitioner. Mr. Pankaj Middha, Additional Advocate General, Haryana. **** HARSIMRAN SINGH SETHI , J. (Oral) 1.

In the present petition, the petitioner is claiming regularization under the regularization policy dated June, 2014 and a further prayer that the respondents be directed to release the arrears of salary as the petitioner has not been paid the salary by the respondents for the period he has discharged the duties starting from August, 2020 till the filing of the present petition, which was filed in the year 2021.

2.

Learned counsel for the respondents submits that the said regularization Policy has already been set-aside by Division Bench of this Court while passing order in CWP No.17206 of 2014 titled as Yogesh Tyagi and another vs. State of Haryana and others, decided on 31.05.2018,

CWP-9929-2021 (O&M) -2however the said matter is already pending in the Hon'ble Supreme Court of India, hence, no claim can be raised by the petitioner with regard to the regularization policy dated June, 2014.

3.

With regard to the claim of the petitioner regarding salary, learned counsel for the respondents submits that as per the reply filed by the respondents-department, the petitioner has only worked upto 31.07.2020 and upto the said date, the salary has already been paid to the petitoner and the petitioner has not worked thereafter so as to claim further salary. 4.

Learned counsel for the petitioner submits that the petitioner has worked with the respondents from August, 2020 till the filing of the writ petition.

5.

Learned counsel for the respondents submits that in case, any record of working after July, 2020 is produced by the petitioner, then the claim of the petitioner will be considered in the light of the said record and an appropriate speaking order will be passed with regard to the claim of the petitioner for the grant of the salary for certain period within the period of eight weeks from the receipt of any such claim with regard to the salary. 6.

Learned counsel for the petitioner submits that keeping in view the statement made by learned state counsel recorded herein above, the present petition may kindly be disposed of having been not pressed any further with liberty to file an appropriate representation raising the claim for the grant of salary by giving due evidence of work performed by the petitioner starting from August, 2020 till the services of the petitioner were terminated in May, 2021.

7.

Ordered accordingly.

8.

With regard to the claim of the regularization under the policy dated June, 2014, the liberty is also granted to the petitioner to file a fresh

CWP-9929-2021 (O&M) -3writ petition on the same cause of action in case, any rights accures after the decision of Hon'ble Supreme Court of India in Yogesh Tyagi' s Case (Supra).

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE 06.05.2024 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No