Punjab-Haryana High Court
Rajinder Kumar vs State Of Haryana Etc on 29 November, 2014
Author: Rajesh Bindal
Bench: Rajesh Bindal
VARINDER SINGH
2014.12.04 15:01
CWP No. 3700 of 2001 (O&M) (1) I attest to the accuracy and integrity
of this document
Punjab & Haryana High Court at
Chandigarh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 3700 of 2001 (O&M)
Date of decision : 29.11.2014
Rajinder Kumar ... Petitioner
vs
State of Haryana and others ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None for the petitioner.
Mr. Harish Rathee, Senior Deputy Advocate General, Haryana.
Rajesh Bindal, J.
The petitioner, whose services as Lecturer in Physics were regularised on 1.1.1991, has filed the present petition seeking regularisation of his service from 30.9.1988 on the plea that he had completed two years of service at that time.
In the reply filed by the State, the stand in para 11 thereof is that the petitioner initially joined on adhoc basis as Science Master on 19.1.1985. In terms of the policy dated 9.3.1987, he had not completed two years as on 1.11.1986, hence, not eligible for regularisation. Thereafter, the petitioner joined on the post of Lecturer in Physics on 16.2.1987. As he had not completed two years of service on 30.9.1988 as Lecturer, his services could not be regularised. Thereafter, as per the policy of the Government dated 28.2.1991, the services of the petitioner were regularised on 1.1.1991. The relevant para 11 of the reply is extracted below:-
"11. That the petitioner cannot take the advantage of the case of one Sh. M. L. Verma, whose services were regularised w.e.f. 1.11.86 in terms of the Govt policy bering No. 10/30-86 Edu-III(4) dated 9.3.87 the services of the petitioner cannot be regularised in terms of the said policy dated 9.3.87 as he did not complete two years service on 1.11.86 on the post of Science Master as he joined to said post on 19.1.85. The petitioner joined the post of Lecturer in Physics on 16.2.87. Thus he did not complete two years of VARINDER SINGH 2014.12.04 15:01 CWP No. 3700 of 2001 (O&M) (2) I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh adhoc service on 30.9.88 against the post of Lecturer and thus he is not entitled for regularisation of his service w.e.f. 30.9.88. His services has rightly been regularised against the post of Lecturer in Physics w.e.f. 1.1.91 in terms of the Govt. policy dated 28.2.91."
Considering the aforesaid stand taken by the State in the reply, prima facie, there is no merit in the present petition. Still further the services of the petitioner were regularised way back on 28.2.1991 with effect from 1.1.1991 and the present petition was filed more than 10 years thereafter seeking regularisation from 30.9.1988. The relief claimed itself was belated. As a consequence of ante dated regularisation more than 10 years after the petitioner had already been regularised, there may be change in the seniority list, which cannot be permitted after such a delay.
As counsel for the petitioner is not present, the present petition is dismissed for non-prosecution.
29.11.2014 ( Rajesh Bindal ) vs Judge