Rajbir v. State Of Haryana And ORS

CWP No.4296 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.4296 of 2015 (O&M) Date of decision: 12.03.2015 Rajbir ... Petitioner Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether reporters of local newspapers may be allowed to see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest? Present:- Mr. Ajay Chaudhary, Advocate for the petitioner.

AMIT RAWAL J. (ORAL) The present writ petition has been filed for directing the respondents to regularize the services of the petitioner in view of the Policy decision dated 01.10.2003 and 10.02.2004 (Annexures P-2 and P-3).

Vide Award dated 28.01.2008, termination of the petitioner was set aside and the petitioner was ordered to be reinstated with continuity of service and 50% back wages from the date of demand notice. Thereafter, the petitioner is stated to have sent a legal notice dated 22.10.2014 (Annexure P-6) claiming regularization on the basis of policy decision dated 01.10.2003. The contention of the petitioner is that after the publication of the Award, petitioner has been taken back into service SAVITA DEVI KADIAN 2015.03.17 10:56 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP No.4296 of 2015 (O&M) but on daily wages and the explanation with regard to continuity of service has been interpreted by the respondents and services of the petitioner have not been regularized, which necessitated the petitioner to send a legal notice dated 22.10.2014 (Annexure P-6). He further submits that he would be satisfied, in case, respondents are directed to decide legal notice dated 22.10.2014 (Annexure P-6).

The prayer is found to be just and reasonable. In view of the facts noticed herein above, I deem it appropriate to dispose of the writ petition, with a direction to the respondents to consider the claim of the petitioner and to take a final decision on the legal notice dated 22.10.2014 (Annexure P-6) sent through registered A.D.Post, strictly in accordance with law and by passing a speaking order within a period of 03 months from the date of receipt of a certified copy of this order and shall communicate the same to the petitioner. The petitioner is also permitted to file fresh representation, in case, not filed earlier, similar, to the aforementioned legal notice.

With the aforementioned observations, writ petition is disposed of.

(AMIT RAWAL) JUDGE March 12, 2015 savita SAVITA DEVI KADIAN 2015.03.17 10:56 I attest to the accuracy and authenticity of this document High Court Chandigarh