High Court of Punjab and HaryanaCWP/18028/2017dismissed

Babu Lal v. Management Committee Panchayat Bhawan Narnaul And ORS

2020-02-04Mrs. Justice Raj Rahul Garg2 pages

CWP No. 18028-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 18028-2017 Date of decision:-04.02.2020 Babu Lal .....Petitioner vs.

Management Committee, Panchayat Bhawan, Narnaula & ors. ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sandeep Dhull, Advocate for the petitioner.

Mr. Harish Nain, AAG, Haryana RITU BAHRI, J.(Oral) Petitioner is seeking issuance of writ in the nature of certiorari for quashing order dated 27.04.2017 (P-4) with a further prayer for issuance of direction to the respondents to consider the claim of the petitioner for regularization in the light of policy decision dated 01.10.2003 (P-1). On notice of the petition, a reply has been filed on behalf of respondent Nos. 1 to 3 taking a stand that Panchayat Bhawan, Narnaul is a registered society, which is registered undr the Society Registration Act, 1860. So, the staff of Panchayat Bhawan are of a Society and they are not employees of the Government. The Civil Service Rules or any instructions/notifications (P-1 and P-2) issued by the Government of Haryana are not applicable to the staff of Panchayat Bhawan. Petitioner filed replication to the written statement filed on behalf of respondent Nos. 1 to 3 and took a stand that Panchayat Bhawan is GAURAV ARORA 2020.02.17 15:43 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 18028-2017 part and parcel of Development and Panchayat Department Haryana. In this replication, petitioner is only relying upon regularization policies issued by Government of Haryana.

The present petition is liable to be dismissed as it is not in dispute that Panchayat Bhawan is a registered society. The letter dated 03.02.2014 cannot be made ground to regularize the service of the petitioner whereby government of Haryana has given interim relief of Rs.2000/- perr month to the class III and IV employees of Panchayat Bhawan. The petitioner was appointed as part time gardner from 01.06.1995 for four hours per day at the part time rate fixed by Deputy Commissioner. His services were also terminated w.e.f 31.05.1995 due to weak financial position and less income of Panchayat Bhawan, Narnaul, vide order dated 22.05.1995 (R-2/T).

Keeping in view the fact that Panchayat Bhawan, Narnaul is a registered society, the present petition is dismissed. (RITU BAHRI) 04.02.2020 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No GAURAV ARORA 2020.02.17 15:43 I attest to the accuracy and integrity of this document Chandigarh