Lata Kumari v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : C. W. P. No. 15896 of 2010 (O&M) Date of Decision : January 27, 2016 Lata Kumari ....

Petitioner vs.

State of Haryana and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * To be referred to Reporters or not ?

Whether the judgment should be reported in the digest ? * * * Present :

Mr. Yesh Paal Malik, Advocate for the petitioner.

Ms. Shruti Jain Goyal, AAG, Haryana.

* * * DEEPAK SIBAL , J.

:

C. M. No. 1047 of 2016 :

Application is allowed and order dated 27.04.2015 (Annexure P-13) is taken on record, subject to all just exceptions. Main Case :

The petitioner, who serves the respondents as a Sanskrit Teacher on contractual basis, seeks regularization of her services w.e.f. 01.10.2003.

The basic facts, which need to be noticed, are that the petitioner was initially appointed on 29.10.1997 on contract basis. She was relieved from her services on 08.05.1998, which was challenged by her through a petition filed in this Court being C. W. P. No. 4291 of 2005. Vide order dated 17.03.2005, the aforesaid writ petition was disposed of directing the respondents to consider the petitioner's claim with regard to her reinstatement.

In compliance with the aforementioned order, the petitioner's claim was considered and through order dated 20.04.2005, she was reinstated in service on the same terms, as her initial appointment. To claim continuity in service, she filed a representation with the respondents, but when the same remained unresponded to, she again approached this Court through C. W. P. No. 3770 of 2007 - Lata Kumari vs. State of Haryana etc., which, through order dated 13.03.2007, was disposed of by directing the respondents to decide the petitioner's representation made earlier with regard to relief claimed through that petition. In compliance with the aforesaid order of this Court dated 13.03.2007, through order dated 17.04.2007, the petitioner was granted continuity in service from the date of her relieving to the date of her reinstatement, but without back wages. It is the admitted position that the petitioner is serving the respondents till date. Through a Civil Miscellaneous application listed today, the

petitioner has placed on record order dated 27.04.2015, through which the services of the petitioner have been regularized w.e.f. 01.10.2003 and such decision is based on various orders passed by this Court, as also the Government. However, the regularization of her services is ordered to be subject to the final order to be passed in the present petition. Once, after referring to several orders passed by this Court, as also by the Government and after considering the petitioner eligible under the applicable regularization policy, the respondents have ordered to regularize the petitioner's service w.e.f. 01.10.2003, no further orders are required to be passed in the present petition. Resultantly, the order dated 27.04.2015, passed by the Government, regularizing the services of the petitioner w.e.f. 01.10.2003, is made absolute. The writ petition stands disposed of in the above terms. ( DEEPAK SIBAL ) JUDGE January 27, 2016 monika