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High Court of Punjab and HaryanaCWP/22265/2017disposed of

Gurnam Singh And ANR. v. State Of Punjab And ORS.

2017-09-28Mr. Justice Rajan Gupta2 pages

CWP No.22265 of 2017 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.22265 of 2017 DECIDED ON: SEPTEMBER 28, 2017 GURNAM SINGH AND ANOTHER .....PETITIONERS.

VERSUS

STATE OF PUNJAB AND OTHERS .....RESPONDENTS.

CORAM: HON'BLE MR. JUSTICE JASPAL SINGH

Present:

Mr. Sunny Singla Advocate, for the petitioners.

***** JASPAL SINGH, J (ORAL) Prayer in this petition is for issuance of a writ in the nature of mandamus directing the respondents to regularize the services of the petitioner, who are working as part time Sweepers.

2.

The contention of learned counsel for the petitioners is that the petitioners are working as part time Sweepers but they fulfill all the requirements for regularization of service. Earlier also, petitioners preferred a petition bearing CWP No. 5909 of 2004, in which, the following order was passed:- "The matter has been settled by issuing direction to the competent authority to consider the claim of all the part time workers for regularization according to the policy framed by the personnel Policies-III Branch vide their letter No.11/15/98-4PP-3/2803 dated 04.03.1999 by waiving the condition No.2A(iv) of the policy." Sonika 2017.09.29 12:36 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.22265 of 2017 --2-- 3.

The aforesaid order was passed by this Court in the month of May, 2004, yet the matter has not been finalized by the concerned authorities, which has necessitated the filing of the instant petition, especially, in the circumstances that legal notice dated 21.08.2017 (Annexure P-5) served upon the respondents was neither responded by the respondents nor any conscious decision has been taken so far.

4.

Learned counsel for the petitioners submits that petitioners feel satisfied in case direction is issued to respondents to consider the claim ventilated in the legal notice dated 21.08.2017 (Annexure P-5) as well as in this writ petition, within some specified period.

5.

Without commenting on the merits and considering the fact that the matter is still under consideration of the respondents, the instant petition is disposed of with the direction to respondents to consider the various grouses ventilated through instant petition as well as legal notice dated 21.08.2017 (Annexure P-5) and take conscious decision, that too, after hearing the petitioners and by passing a speaking order, within a period of six months from the date of receipt of certified copy of this order. 6.

However, if the petitioners still feel dissatisfied of any of the order passed by the concerned authority, they shall be at liberty to approach this Court.

SEPTEMBER 28, 2017, (JASPAL SINGH) sonika JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No Sonika 2017.09.29 12:36 I attest to the accuracy and authenticity of this document Chandigarh