High Court of Punjab and HaryanaCWP/29399/2018disposed of

Subhash v. State Of Haryana And ORS.

2018-11-20Mr. Justice A.B. Chaudhari2 pages

CWP No. 29399-2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 29399-2018 Date of decision : 20.11.2018 Sh. Subhash

...Petitioner

versus State of Haryana and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Mohit Rathee, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Petitioner is seeking direction to the respondents to regularize his service, as per regularization policy dated 07.03.1996/18.03.1996. Petitioner was appointed on daily wages on 01.06.1991 and his services were terminated on 01.12.2002 and the petitioner served demand notice dated 12.07.2004. Thereafter, he filed the reference petitioner before the learned Labour Court Rohtak and on 09.12.2011, it was held that the services of the petitioner has wrongly been terminated and he was held entitled to reinstatement of service with 50% back wages from the date of demand notice. Against this award, the department filed CWP NO. 131512012, which was dismissed on 20.07.2015 Learned counsel for the petitioners states that services of similarly situated Part Time employees who were junior to the petitioner had been regularized by respondent-department and thus, the department has to maintain parity in regularizing the employees, if they fulfill the Gaurav Arora 2018.12.21 17:10 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 29399-2018 condition.

Notice of motion.

On the asking of the Court, Mr. Harish Rathee, DAG, Haryana, accepts notice on behalf of the respondent-State. At this stage, present petition is being disposed of by giving direction to the respondents to consider the case of the petitioner and pass appropriate order regularizing his services in view of the direction given by this Court in Balwinder Singh and others vs. State of Haryana and others, CWP No.2009-2016 (decided on 04.10.2018). If the petitioner fulfill all the conditions of regularization policy, the respondent-department will not insist on the condition of education qualification existing for a permanent vacancy. This order be passed within a period of three months from the date of receipt of certified copy of this order.

(RITU BAHRI) JUDGE 20.11.2018 G Arora Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.12.21 17:10 I attest to the accuracy and integrity of this document Chandigarh