High Court of Punjab and HaryanaCWP/24121/2018dismissed

Raj Bala v. State Of Haryana And ORS

2023-02-02Mr. Justice Harnaresh Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 02.02.2023 RAJ BALA ... Petitioner

Versus

STATE OF HARYANA AND ORS ... Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

None for the petitioner.

Ms. Tanushree Gupta, DAG Haryana.

**** HARNARESH SINGH GILL, J.(Oral) There is no representation on behalf of the petitioner today. Through this petition, the petitioner seeks issuance of a writ directing the respondents to allow antedated regularization to the petitioner w.e.f. 27.01.1999/01.02.1999, in terms of the regularization policy dated 30.12.1998/25.02.1999 (Annexure P-2), along with all consequential benefits i.e. fixation of pay and ACP Scale. I have gone through the paper book and heard the learned State counsel.

The similar/connected petitions including CWP-16086-2019 titled Puhspa Devi and others versus State of Haryana and Others, were disposed of on 19.07.2019, by a Coordinate Bench of this Court. The relevant part of the said order reads as under:- 'Accordingly, the writ petitions are disposed of with direction to the Competent Committee headed by

-2District Education Officers in all the Districts, to consider the cases of all the employees/petitioners including the persons, whose writ petitions are pending or have not approached this Court so far, but represented or received representation and decide the same in terms of the policy dated 11.11.2003, by maintaining seniority as well as observations hereinabove, within a period of five months from the date of receipt of certified copy of this order. It is also a matter of record that the Department has maintained seniority of the employees working on contractual/part time in various districts, thus, shall consider the representations strictly as per seniority list as well as policy, much less, in accordance with law'.

In compliance of the aforesaid order, vide letter dated 10.09.2019 issued by the Director General, Secondary Education, Haryana, the case of the petitioner was ordered to be re-examined by the Committee constituted therein. The Committee, after going through the record, concluded that the petitioner was not working against the regular sanctioned post and hence, could be regularized under the policy for the year 1998.

The 1998 Policy has been superseded by the 2003, Policy. On the basis of the said conclusion, the Office of District Education Officer, Rewari, vide order dated 14.01.2020 has held that the demand of the petitioner, is not justified and not according to the Rules and instructions of regularization policy dated 11.11.2003.

-3In view of the above, the present writ petition is hereby dismissed.

The petitioner would be at liberty to challenge any subsequent action of the respondents, if so advised. 02.02.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No