Arvind Dawer And Others v. State Of Haryana And Others
State Of Haryana And Others ! ! "
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The present petition has been filed under Articles 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ, order or direction, especially in the nature of mandamus, directing the respondents to regularize the services of the petitioners from the date of completion of 10 years of service, i.e., on the same equitable basis as has been granted to similarly situated persons in view of various pronouncements of this Court, including the judgment rendered in the bunch of writ petitions (CWP No.
13015 of 2021, titled Manak Singh and others vs. State of Punjab and others), decided on 19.01.2026 (Annexure P-13), as the case of the petitioners is squarely covered and they cannot be discriminated against in the matter of employment under the respondent-State in violation of Articles 14, 16 and 21 of the Constitution of India and further, a writ in the nature of mandamus is prayed for directing the respondents that, till the services of the petitioners are regularized, they be extended the benefit of job security in terms of the Haryana Contractual Employees (Security of Service) Act, 2024 (hereinafter referrred to as "Act of 2024"), notified vide notification dated 06.12.2024 (Annexure P-11), along with wages as per the said Act, being eligible, and they cannot be denied such benefit in violation of Articles 14, 16 and 21 of the Constitution of India. It is further prayed that the respondents be directed to release the arrears of pay along with interest @ 12% per annum from the date the same became due till its actual realization, to which the petitioners are legally entitled.
2.
Learned counsel for the petitioners, inter alia, contends that the petitioners are contractual employees working with respondents No. 2 to 4 for the last 10 to 13 years. He further submits that the petitioners are entitled to security of tenure in terms of Sections 2 and 4 of the Act of 2024, which was notified on 06.12.2024, as is discernible from (Annexure P-11), providing protection of service till superannuation to contractual employees who have completed five years of service before the appointed day.
,
It is submitted that the petitioners are fully eligible; however, they have not been extended the benefit of the Act of 2024. Learned counsel for the petitioners has limited his prayer to the extent that the present petition be treated as a comprehensive representation and the same be decided in a timebound manner by passing a speaking order after affording an opportunity of being heard. He further submits that the case of the petitioners is squarely covered by the judgment rendered by this Court in Dinesh Kumar and others vs. State of Haryana and others, CWP-5144-2026, decided on 27.02.2026. 3.
Notice of motion.
4.
" &' ()% % !!- ) . ! * % is not in a position to controvert the rule of law culled out by this Court in Dinesh Kumar and others (supra) and submits that the representation of the petitioner would be considered and decided in the light of Dinesh Kumar and others (supra).
5.
Therefore, in view of the submissions made by learned counsel for the petitioners, the present writ petition is disposed of and the respondent No.2/competent authority is directed to treat the writ petition as representation and consider the claim of the petitioner and pass a speaking order in light of the Dinesh Kumar and others (supra), after affording them an opportunity to be heard, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioners. Needless to say, if the petitioners found entitled to the relief sought, the same shall be granted forthwith by the respondents. /0 %
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Pending miscellaneous application(s), if any, shall also stands disposed of.
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