Punjab-Haryana High Court
Anil Kumar And Ors vs Panjab University on 25 November, 2019
Author: Arun Monga
Bench: Arun Monga
CWP No. 8057 of 2004 &
other connected petitions.
1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
1. CWP No. 8057 of 2004
Date of Decision: 25.11.2019
Janak Sharma and others .... Petitioners
Versus
The Panjab University, Chandigarh. ... Respondent
2. CWP No. 9665 of 2004
Jyoti Sharma and others .... Petitioners
Versus
The Panjab University, Chandigarh. ... Respondent
3. CWP No. 11375 of 2005
Surinder Prasad and others .... Petitioners
Versus
The Panjab University, Chandigarh. ... Respondents
4. CWP No. 15530 of 2005
Sushil Kumar .... Petitioner
Versus
The Panjab University, Chandigarh. ... Respondents
5. CWP No. 6656 of 2005
Urmil Bhatia and others .... Petitioners
Versus
The Panjab University, Chandigarh. ..... Respondent
6. CWP No. 1681 of 2005
Virender Sodhi and others .... Petitioners
Versus
Panjab University, Chandigarh. ... Respondent
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7. CWP No. 1679 of 2005
Satish Kumar Rana and others .... Petitioners
Versus
Panjab University, Chandigarh. ... Respondent
8. CWP No. 16395 of 2004
Anil Kumar and others .... Petitioners
Versus
Panjab University, Chandigarh. ... Respondent
9. CWP No. 15066 of 2004
Vijay Kumar Katoch and others .... Petitioners
Versus
Panjab University, Chandigarh. ... Respondent
CORAM:- HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr.R.D.Bawa, Advocate with
Mr.Samuel Gill, Advocate
for the petitioners.
Ms.Gurneet Sagoo, Advocate
for the respondent-Panjab University.
Mr.Jasbir Singh Mohri, Advocate &
Mr.K.S.Sandhu, Advocate,
for the respondent.
ARUN MONGA, J.(ORAL)
1. This order of mine shall dispose of above titled nine petitions as common issues are involved arising out of similar facts.
2. Petitions have been filed for issuance of a writ in the nature of mandamus directing the respondent-University to consider the petitioners for regularization of their services. The petitioners have rendered seven years of 2 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
3uninterrupted service and rather two of them have rendered about 10 years of service.
3. During the pendency of these writ petitions many of the petitioners are stated to have been regularized and qua that the relief claimed by them in the petition has been rendered infructuous. In this background following order dated 14.12.2018 was passed by this Court:-
"This is a bunch of writ petitions filed by employees of respondent-Panjab University seeking relaxation as per the regularisation policies of the University.
Learned counsels for the petitioners contend that many of the petitioners have been regularised during pendency of these writ petitions and there are still a few left to be regularised.
Apropos these contentions of the learned counsel for the petitioners, learned counsel for the respondent-Panjab University seeks a short adjournment to file an affidavit detailing out those petitioners who are yet to be regularised and the reasons of not being granted the benefit of regularisation to them.
Adjourned to 05.02.2019."
4. An affidavit dated 25.02.2019 has been filed pursuant to orders passed by this Court wherein, the position with regard to regularisation of services of the petitioners in all these bunch of petition has been summarized as below:
i) CWP Nos. 8057 of 2004 Janak Sharma & others V/s Panjab University Sr. Petitioners Status Date of Reason No. regularization 1 Janak Sharma Not Not applicable Does not fulfill W/o Sh. V.K. regularised the requirement of Sharma 3650 days or 240 days per calendar year for 10 consecutive years up to 31.12.2010 3 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.4
as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
She was relieved
from university
services on
attaining the age
of sixty years.
2 Vaneeta Rani Regularised 05.01.2015 Fulfils the
w/o Sh. Tarun requirement of no.
Chugh of 3650 days upto
31.12.2010 as per
policy circular
No.14881-15091/
Estt. Dated
18.07.2014.
3 Sunita Rani Not Not applicable Does not fulfill
w/o Sh. Arjun regularised the requirement of
Kumar 3650 days or 240
days per calendar
year for 10
consecutive years
upto 31.12.2010
as per policy
circular No. 4870-
5020/Estt. Dated
14.3.2011 and
circular No.
14881-15091/Estt.
Dated 18.07.2014.
4 Prakash Regularised 05.01.2015 Fulfils the
Maurya S/o requirement of
Sh. Alagu No. of 3650 days
Ram Maurya upto 31.12.2010
as per policy
circular No.
14881-15091/Estt.
Dated 18.07.2014.
5 Piyoosh Not Not applicable Does not fulfill
Kumar S/o Sh. regularised the requirement of
Shiv Ram 3650 days or 240
days per calendar
year for 10
consecutive years
upto 31.12.2010
as per policy
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5circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Sucha Ram Selected as 13.02.2013 Was selected
s/o Sh. Amin clerk through Open
Ram Selection vide
Advt. No.
14/2008
ii) CWP No. 9665 of 2004 Jyoti Sharma & others Vs/ Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Jyoti Sharma Not Not applicable Does not fulfill the w/o Sh. regularised requirement of Ravinder 3650 days or 240 Kumar days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
2 Mahesh Selected as 12.02.2013 Was selected Parshad s/o clerk through Open sh. Sri Bilas Selection vide Nathani Advt. No. 14/2008 3 Mrs. Sneh Appointed as 17.01.2015 She was appointed Lata D/o Sh. Clerk on as Clerk on Devinder compassionate compassionate Singh ground ground on demise of her father.
4 Sumedha Not Not applicable Does not fulfill the Sharma w/o regularised requirement of Sh. Ramesh 3650 days or 240 Kumar days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 5 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
6and circular No. 14881-15091/Estt.
Dated 18.07.2014.
5 Manju Bala Not Not applicable Does not fulfill the D/o Sh. B.S. regularised requirement of Rakesh 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Savita Rani Not Not applicable Does not fulfill the Saini D/o Sh. regularised requirement of Deva Singh 3650 days or 240 Saini days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
7 Sarishta W/o Not Not applicable Does not fulfill the Sh. Pawan regularised requirement of Singh 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
8 Deepak Selected as 13.02.2013 Was selected Sharma S/o Clerk through open Sh. Gopal selection vide Advt.
Ram No. 14/20089 Kamal Selected as 13.02.2013 Was selected Kumar S/o clerk through Open Sh. Ram Asra selection vide Advt.
No. 14/20086 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
710 Sangeeta Not Not applicable Does not fulfill the Malhotra regularised requirement of W/o Sh. 3650 days or 240 Kamal days per calendar Kapoor year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
iii)CWP No. 15066 of 2004 Vijay Kumar & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularisation 1 Vijay Kumar Regularised 07.03.2011 Fulfils the Katoch S/o requirement of no. of Sh. Amin 3650 days upto Chand Katoch 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.03.2011
2 Suresh Kumar Selected as 27.03.2006 Was selected
S/o Late Sh. Marker through Open
Sham Lal selection
3 Promila Devi Regularised 12.07.2011 Fulfils the
d/o Sh. requirement of no. of
Ramesh 3650 days upto
Chand 31.12.2010 as per
policy circular No.
4870-5020/Estt.
Dated 14.03.2011
4 Kiran Bala d/o Regularised 12.07.2011 Fulfils the
Sh. Amrit Lal requirement of no. of
3650 days upto
31.12.2010 as per
policy circular No.
4870-5020/Estt.
Dated 14.03.2011
5 Usha Goyal Regularised 05.01.2015 Fulfils the
D/o Sh. requirement of no. of
Raghu Nath 3650 days upto
Mittal 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
6 Anuradha Appointed 15.11.2007 She was appointed
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8Sharma d/o as EPBAX as EPABX Operator Late Sh. Operator on 15.11.2007 Wazir Chand through Open Selection.
7 Harish Kumar Selected as 13.02.2013 Was selected S/o Sh. Clerk thorugh Open Goverdhan Selection vide Advt.
Lal No. 14/20088 Sanju Bala Regularised 05.01.2015 Fulfils the D/o Late Sh. requirement of no. of Babu Singh 3650 days upto Verma 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014
9 Naib Chand Regularised 05.01.2015 Fulfils the
S/o Dayal requirement of no. of
Chand 3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
10 Joginder Regularised 05.01.2015 Fulfils the
Bhandari S/o requirement of no. of
Sh. Tek 3650 days upto
Chand 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
11 Saroj Rani Regularised 05.01.2015 Fulfils the
D/o Sh. requirement of no. of
Ghansham 3650 days upto
Dass 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
12 Kiranjeet Regularised 05.01.2015 Fulfils the
Kaur D/o Sh. requirement of no. of
Lakha Singh 3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
13 Kamal Regularised 05.01.2015 Fulfils the
Kishore S/o requirement of no. of
Sh. Madan 3650 days upto
Mohan 31.12.2010 as per
Sharma policy circular No.
14881-15091/Estt.
Dated 18.07.2014
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14 Rajinder Regularised 05.01.2015
Fulfils the
Kumar S/o requirement of no. of
Sh. Gian 3650 days upto
Chand 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
15 Prem Lal S/o Regularised 05.01.2015 Fulfils the
Late Sh. requirement of no. of
Bhawani Ram 3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
16 Deepa D/o Sh. Regularised 05.01.2015 Fulfils the
Shashi Pal requirement of no. of
3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
17 Kamlesh Regularised 05.01.2015 Fulfils the
Pathania D/o requirement of no. of
Sh. Raghbir 3650 days upto
Singh 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
iv) CWP No. 16395 of 2004 Anil Kumar & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularisation 1 Anil Kumar Selected as 14.02.2013 Was selected S/o Brij Basi clerk through Open Ram selection vide Advt.
No. 14/20082 Lakhwinder Regularised 05.01.2015 Fulfils the Singh S/o requirement of no. Sh.Gurmail of 3650 days upto Singh 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 3 Sunita Grover Selected as 13.02.2013 Was selected d/o Sh. clerk through open Chhaju Ram selection vide Advt.
No. 14/10084 Raj Narain S/o Regularised 05.01.2015 Fulfils the Sh. Darshan requirement of no.
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10Lal of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 5 Sh. Raj Pal Not Not applicable Does not fulfill the Singh S/o Sh. regularised requirement of 3650 Hakam Singh days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881- 15091/Estt. Dated 18.07.2014.
6 Kulvir Singh Not Not applicable Does not fulfill the s/o Sh. Ratti regularised requirement of 3650 Ram days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881- 15091/Estt. Dated 18.07.2014.
v) CWP No. 1679 of 2005 Satish Kumar & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Satish Kumar Regularised 28.01.2015 Fulfils the Rana s/o Sh. as Peon requirement of no. Amar Singh of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 2 Suresh Kumar Regularised 28.01.2015 Fulfils the S/o Sh. Babu as Peon requirement of no.
Ram of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 10 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
113 Suresh Selected as 18.02.2013 Was slected through Kothari S/o Peon Open selection vide Sh. Tota Advt. No. 14/2008 Krishan 4 Baldev Singh Not Not applicable Does not fulfill the S/o Sh. Soma regularised requirement of 3650 Ram days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881- 15091/Estt. Dated 18.07.2014.
5 Rajesh Kumar Selected as 30.06.2008 Was selected S/o Sh. Ram Junior through Open Samuj Technician selection G-IV
vi) CWP No. 1681 of 2005 Varinder Sodhi & Others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Virender Not Not applicable Left the university Sodhi S/o Sh. regularised Harbhajan Dass 2 Kulwant Selected as 14.02.2013 Was selected Kumar S/o Clerk through Open Late Sh. Megh Selection vide Advt.
Nath No. 14/20083 Pawan Kumar Selected as 13.02.2013 Was selected S/o Sh. Madan Clerk through Open Lal Sharma selection vide Advt.
No. 14/2008 vii) CWP No. 6656 of 2005 Urmila Bhatia & Others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Urmila Bhatia Not Not applicable Does not fulfill the D/o Sh. regularised requirement of 3650 Chanan Ram days or 240 days per calendar year for 10 11 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 &
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12consecutive years up to 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
She was relieved from university services on 31.07.2018 as the attained the age of sixty years.-
2 Kamlash Rani Not Not applicable Does not fulfill the D/o Sh. Ram regularised requirement of 3650 Lal days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
3 Bhupinder Not Not applicable Does not fulfill the Kaur D/o Sh. regularised requirement of 3650 Prem Singh days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
4 Parveen Not Not applicable Does not fulfill the Kumari D/o regularised requirement of 3650 Sh. Ishwar days or 240 days per Dutt calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
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135 Dhanteshwari Not Not applicable Does not fulfill the D/o Sh. regularised requirement of 3650 Vishwa Mitter days or 240 days per Mahajan calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Harish Kumar Selected as 14.02.2013 Was selected s/o Pawan Clerk through Open Kumar Sharma Selection vide Advt.
No. 14/20087 Sonia D/o Sh. Not Not applicable Does not fulfill the Inder Bahadur regularised requirement of 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
8 Ashok Kumar Not Not applicable Does not fulfill the S/o Sh.Ram regularised requirement of 3650 Parshad days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
viii) CWP No. 15530 of 2005 Sushil Kumar V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Sushil Kumar Selected as 14.02.2013 Was selected through s/o Sh. Tota Clerk Open Selection vide Krishan Advt. No. 14/2008 13 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
14 ix) CWP No. 11375 of 2005 Surinder Prasad & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Surinder Not Not applicable Expired Prasad s/o regularised Kali Ram 2 Mukesh Not Not applicable Does not fulfill Kumar s/o regularised the requirement of Dayal Chand 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt. Dated 18.07.2014. 3 Ram Kishan Regularised 29.01.2015 Fulfils the s/o Gaya Din requirement of no. of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt. Dated 18.07.2014. 4 Puran Ram Not Not applicable Does not fulfill S/o Gadhan regularised the requirement of Ram 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt. Dated 18.07.2014. 5 Mool Chand Not Not regularised Does not fulfill S/o Dayal regularised the requirement of Chand 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 14 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 &
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15as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Deepak Sidhu Selected as 18.02.2013 Was selected
S/o Jagtar Peon through Open
Singh Selection vide
Advt. No. 14/2008
7 Kamal Singh Selected as 18.02.2013 Was selected
S/o Dungar Peon through Open
Singh Selection vide
Advt. No. 14/2008
8 Ms. Kiran Not Not applicable Not on the
w/o Swaran regularised University Roll.
Singh
5. Alongwith the affidavit, extract from the minutes of the meeting of syndicate held on 05.03.2011 have also been appended to justify the non-regularisation of those candidates who have though completed 10 years or more of service on or before 31.01.2012, but they had since filed writ petitions before this Court, prior to completion of 10 years, and therefore, their cases had not been considered on that short ground alone.
6. Having perused the affidavit viz.-a-viz. the minutes of the meeting of syndicate, I see no reason why the petitioners are not to be accorded the benefit of regularisation on completion of 10 years of service as on 31.01.2012 on parity with the others who have been regularised subject of course of to their having completed 10 years as on 31.01.2012.
The specific plea that since the petitioners had filed the writ petition before this Court and the reason given by the syndicate that the pendency of the same seem to have been the only hindering factor is not legally justifiable.
The said reasoning is not only arbitrary and unreasonable but is also 15 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
16colourable exercise of power. Especially, once it is established that petitioners fulfil all the parameters based on which service of the similarly situated employees have been regularised but this benefit has been denied to the petitioners merely because they chose not file petition before this Court.
7. In the afore premise, to the extent the resolutions/minutes of the meeting of syndicate held the petitioners ineligible to be considered for regularisation on the ground that they had approached this Court even though they are otherwise eligible, are not sustainable and are thus set aside.
8. Writ petition is disposed of with the direction to the university to consider the case of those petitioners who have not yet been regularised but are otherwise eligible by disregarding the fact that they had approached this Court.
9. Let the appropriate orders be passed within a period of three months to accord them all admissible benefits of regularisation of services, subject of course to the rider, that they should otherwise be eligible.
10. It is made clear that their having approached this Court shall not come in their way of not being considered for regularisation.
Disposed of in above terms.
A photocopy of this order be placed on the files of the connected cases.
(ARUN MONGA) November 25, 2019 JUDGE Dharamvir Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No 16 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1. CWP No. 8057 of 2004 Date of Decision: 25.11.2019 Janak Sharma and others .... Petitioners Versus The Panjab University, Chandigarh. ... Respondent 2. CWP No. 9665 of 2004 Jyoti Sharma and others .... Petitioners Versus The Panjab University, Chandigarh. ... Respondent 3. CWP No. 11375 of 2005 Surinder Prasad and others .... Petitioners Versus The Panjab University, Chandigarh. ... Respondents 4. CWP No. 15530 of 2005 Sushil Kumar .... Petitioner Versus The Panjab University, Chandigarh. ... Respondents 5. CWP No. 6656 of 2005 Urmil Bhatia and others .... Petitioners Versus The Panjab University, Chandigarh. ..... Respondent 6. CWP No. 1681 of 2005 Virender Sodhi and others .... Petitioners Versus Panjab University, Chandigarh. ... Respondent 17 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
2 7. CWP No. 1679 of 2005Satish Kumar Rana and others .... Petitioners Versus Panjab University, Chandigarh. ... Respondent 8. CWP No. 16395 of 2004 Anil Kumar and others .... Petitioners Versus Panjab University, Chandigarh. ... Respondent 9. CWP No. 15066 of 2004 Vijay Kumar Katoch and others .... Petitioners Versus Panjab University, Chandigarh. ... Respondent CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present: Mr.R.D.Bawa, Advocate with Mr.Samuel Gill, Advocate for the petitioners.
Ms.Gurneet Sagoo, Advocate for the respondent-Panjab University.
Mr.Jasbir Singh Mohri, Advocate & Mr.K.S.Sandhu, Advocate, for the respondent.
ARUN MONGA, J.(ORAL)
1. This order of mine shall dispose of above titled nine petitions as common issues are involved arising out of similar facts.
2. Petitions have been filed for issuance of a writ in the nature of mandamus directing the respondent-University to consider the petitioners for regularization of their services. The petitioners have rendered seven years of 18 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
3uninterrupted service and rather two of them have rendered about 10 years of service.
3. During the pendency of these writ petitions many of the petitioners are stated to have been regularized and qua that the relief claimed by them in the petition has been rendered infructuous. In this background following order dated 14.12.2018 was passed by this Court:-
"This is a bunch of writ petitions filed by employees of respondent-Panjab University seeking relaxation as per the regularisation policies of the University.
Learned counsels for the petitioners contend that many of the petitioners have been regularised during pendency of these writ petitions and there are still a few left to be regularised.
Apropos these contentions of the learned counsel for the petitioners, learned counsel for the respondent-Panjab University seeks a short adjournment to file an affidavit detailing out those petitioners who are yet to be regularised and the reasons of not being granted the benefit of regularisation to them.
Adjourned to 05.02.2019."
4. An affidavit dated 25.02.2019 has been filed pursuant to orders passed by this Court wherein, the position with regard to regularisation of services of the petitioners in all these bunch of petition has been summarized as below:
i) CWP Nos. 8057 of 2004 Janak Sharma & others V/s Panjab University Sr. Petitioners Status Date of Reason No. regularization 1 Janak Sharma Not Not applicable Does not fulfill W/o Sh. V.K. regularised the requirement of Sharma 3650 days or 240 days per calendar year for 10 consecutive years up to 31.12.2010 19 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.4
as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
She was relieved
from university
services on
attaining the age
of sixty years.
2 Vaneeta Rani Regularised 05.01.2015 Fulfils the
w/o Sh. Tarun requirement of no.
Chugh of 3650 days upto
31.12.2010 as per
policy circular
No.14881-15091/
Estt. Dated
18.07.2014.
3 Sunita Rani Not Not applicable Does not fulfill
w/o Sh. Arjun regularised the requirement of
Kumar 3650 days or 240
days per calendar
year for 10
consecutive years
upto 31.12.2010
as per policy
circular No. 4870-
5020/Estt. Dated
14.3.2011 and
circular No.
14881-15091/Estt.
Dated 18.07.2014.
4 Prakash Regularised 05.01.2015 Fulfils the
Maurya S/o requirement of
Sh. Alagu No. of 3650 days
Ram Maurya upto 31.12.2010
as per policy
circular No.
14881-15091/Estt.
Dated 18.07.2014.
5 Piyoosh Not Not applicable Does not fulfill
Kumar S/o Sh. regularised the requirement of
Shiv Ram 3650 days or 240
days per calendar
year for 10
consecutive years
upto 31.12.2010
as per policy
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5circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Sucha Ram Selected as 13.02.2013 Was selected
s/o Sh. Amin clerk through Open
Ram Selection vide
Advt. No.
14/2008
ii) CWP No. 9665 of 2004 Jyoti Sharma & others Vs/ Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Jyoti Sharma Not Not applicable Does not fulfill the w/o Sh. regularised requirement of Ravinder 3650 days or 240 Kumar days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
2 Mahesh Selected as 12.02.2013 Was selected Parshad s/o clerk through Open sh. Sri Bilas Selection vide Nathani Advt. No. 14/2008 3 Mrs. Sneh Appointed as 17.01.2015 She was appointed Lata D/o Sh. Clerk on as Clerk on Devinder compassionate compassionate Singh ground ground on demise of her father.
4 Sumedha Not Not applicable Does not fulfill the Sharma w/o regularised requirement of Sh. Ramesh 3650 days or 240 Kumar days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 21 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
6and circular No. 14881-15091/Estt.
Dated 18.07.2014.
5 Manju Bala Not Not applicable Does not fulfill the D/o Sh. B.S. regularised requirement of Rakesh 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Savita Rani Not Not applicable Does not fulfill the Saini D/o Sh. regularised requirement of Deva Singh 3650 days or 240 Saini days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
7 Sarishta W/o Not Not applicable Does not fulfill the Sh. Pawan regularised requirement of Singh 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
8 Deepak Selected as 13.02.2013 Was selected Sharma S/o Clerk through open Sh. Gopal selection vide Advt.
Ram No. 14/20089 Kamal Selected as 13.02.2013 Was selected Kumar S/o clerk through Open Sh. Ram Asra selection vide Advt.
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710 Sangeeta Not Not applicable Does not fulfill the Malhotra regularised requirement of W/o Sh. 3650 days or 240 Kamal days per calendar Kapoor year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
iii)CWP No. 15066 of 2004 Vijay Kumar & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularisation 1 Vijay Kumar Regularised 07.03.2011 Fulfils the Katoch S/o requirement of no. of Sh. Amin 3650 days upto Chand Katoch 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.03.2011
2 Suresh Kumar Selected as 27.03.2006 Was selected
S/o Late Sh. Marker through Open
Sham Lal selection
3 Promila Devi Regularised 12.07.2011 Fulfils the
d/o Sh. requirement of no. of
Ramesh 3650 days upto
Chand 31.12.2010 as per
policy circular No.
4870-5020/Estt.
Dated 14.03.2011
4 Kiran Bala d/o Regularised 12.07.2011 Fulfils the
Sh. Amrit Lal requirement of no. of
3650 days upto
31.12.2010 as per
policy circular No.
4870-5020/Estt.
Dated 14.03.2011
5 Usha Goyal Regularised 05.01.2015 Fulfils the
D/o Sh. requirement of no. of
Raghu Nath 3650 days upto
Mittal 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
6 Anuradha Appointed 15.11.2007 She was appointed
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8Sharma d/o as EPBAX as EPABX Operator Late Sh. Operator on 15.11.2007 Wazir Chand through Open Selection.
7 Harish Kumar Selected as 13.02.2013 Was selected S/o Sh. Clerk thorugh Open Goverdhan Selection vide Advt.
Lal No. 14/20088 Sanju Bala Regularised 05.01.2015 Fulfils the D/o Late Sh. requirement of no. of Babu Singh 3650 days upto Verma 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014
9 Naib Chand Regularised 05.01.2015 Fulfils the
S/o Dayal requirement of no. of
Chand 3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
10 Joginder Regularised 05.01.2015 Fulfils the
Bhandari S/o requirement of no. of
Sh. Tek 3650 days upto
Chand 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
11 Saroj Rani Regularised 05.01.2015 Fulfils the
D/o Sh. requirement of no. of
Ghansham 3650 days upto
Dass 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
12 Kiranjeet Regularised 05.01.2015 Fulfils the
Kaur D/o Sh. requirement of no. of
Lakha Singh 3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
13 Kamal Regularised 05.01.2015 Fulfils the
Kishore S/o requirement of no. of
Sh. Madan 3650 days upto
Mohan 31.12.2010 as per
Sharma policy circular No.
14881-15091/Estt.
Dated 18.07.2014
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9
14 Rajinder Regularised 05.01.2015
Fulfils the
Kumar S/o requirement of no. of
Sh. Gian 3650 days upto
Chand 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
15 Prem Lal S/o Regularised 05.01.2015 Fulfils the
Late Sh. requirement of no. of
Bhawani Ram 3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
16 Deepa D/o Sh. Regularised 05.01.2015 Fulfils the
Shashi Pal requirement of no. of
3650 days upto
31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
17 Kamlesh Regularised 05.01.2015 Fulfils the
Pathania D/o requirement of no. of
Sh. Raghbir 3650 days upto
Singh 31.12.2010 as per
policy circular No.
14881-15091/Estt.
Dated 18.07.2014
iv) CWP No. 16395 of 2004 Anil Kumar & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularisation 1 Anil Kumar Selected as 14.02.2013 Was selected S/o Brij Basi clerk through Open Ram selection vide Advt.
No. 14/20082 Lakhwinder Regularised 05.01.2015 Fulfils the Singh S/o requirement of no. Sh.Gurmail of 3650 days upto Singh 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 3 Sunita Grover Selected as 13.02.2013 Was selected d/o Sh. clerk through open Chhaju Ram selection vide Advt.
No. 14/10084 Raj Narain S/o Regularised 05.01.2015 Fulfils the Sh. Darshan requirement of no.
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10Lal of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 5 Sh. Raj Pal Not Not applicable Does not fulfill the Singh S/o Sh. regularised requirement of 3650 Hakam Singh days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881- 15091/Estt. Dated 18.07.2014.
6 Kulvir Singh Not Not applicable Does not fulfill the s/o Sh. Ratti regularised requirement of 3650 Ram days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881- 15091/Estt. Dated 18.07.2014.
v) CWP No. 1679 of 2005 Satish Kumar & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Satish Kumar Regularised 28.01.2015 Fulfils the Rana s/o Sh. as Peon requirement of no. Amar Singh of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt.
Dated 18.07.2014 2 Suresh Kumar Regularised 28.01.2015 Fulfils the S/o Sh. Babu as Peon requirement of no.
Ram of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt.
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113 Suresh Selected as 18.02.2013 Was slected through Kothari S/o Peon Open selection vide Sh. Tota Advt. No. 14/2008 Krishan 4 Baldev Singh Not Not applicable Does not fulfill the S/o Sh. Soma regularised requirement of 3650 Ram days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881- 15091/Estt. Dated 18.07.2014.
5 Rajesh Kumar Selected as 30.06.2008 Was selected S/o Sh. Ram Junior through Open Samuj Technician selection G-IV
vi) CWP No. 1681 of 2005 Varinder Sodhi & Others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Virender Not Not applicable Left the university Sodhi S/o Sh. regularised Harbhajan Dass 2 Kulwant Selected as 14.02.2013 Was selected Kumar S/o Clerk through Open Late Sh. Megh Selection vide Advt.
Nath No. 14/20083 Pawan Kumar Selected as 13.02.2013 Was selected S/o Sh. Madan Clerk through Open Lal Sharma selection vide Advt.
No. 14/2008 vii) CWP No. 6656 of 2005 Urmila Bhatia & Others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Urmila Bhatia Not Not applicable Does not fulfill the D/o Sh. regularised requirement of 3650 Chanan Ram days or 240 days per calendar year for 10 27 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 &
other connected petitions.
12consecutive years up to 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
She was relieved from university services on 31.07.2018 as the attained the age of sixty years.-
2 Kamlash Rani Not Not applicable Does not fulfill the D/o Sh. Ram regularised requirement of 3650 Lal days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
3 Bhupinder Not Not applicable Does not fulfill the Kaur D/o Sh. regularised requirement of 3650 Prem Singh days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
4 Parveen Not Not applicable Does not fulfill the Kumari D/o regularised requirement of 3650 Sh. Ishwar days or 240 days per Dutt calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
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135 Dhanteshwari Not Not applicable Does not fulfill the D/o Sh. regularised requirement of 3650 Vishwa Mitter days or 240 days per Mahajan calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Harish Kumar Selected as 14.02.2013 Was selected s/o Pawan Clerk through Open Kumar Sharma Selection vide Advt.
No. 14/20087 Sonia D/o Sh. Not Not applicable Does not fulfill the Inder Bahadur regularised requirement of 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
8 Ashok Kumar Not Not applicable Does not fulfill the S/o Sh.Ram regularised requirement of 3650 Parshad days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870-5020/Estt.
Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
viii) CWP No. 15530 of 2005 Sushil Kumar V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Sushil Kumar Selected as 14.02.2013 Was selected through s/o Sh. Tota Clerk Open Selection vide Krishan Advt. No. 14/2008 29 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
14 ix) CWP No. 11375 of 2005 Surinder Prasad & others V/s Panjab University Sr. Petitioners Status Date of Reason No. Regularization 1 Surinder Not Not applicable Expired Prasad s/o regularised Kali Ram 2 Mukesh Not Not applicable Does not fulfill Kumar s/o regularised the requirement of Dayal Chand 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt. Dated 18.07.2014. 3 Ram Kishan Regularised 29.01.2015 Fulfils the s/o Gaya Din requirement of no. of 3650 days upto 31.12.2010 as per policy circular No. 14881-15091/Estt. Dated 18.07.2014. 4 Puran Ram Not Not applicable Does not fulfill S/o Gadhan regularised the requirement of Ram 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt. Dated 18.07.2014. 5 Mool Chand Not Not regularised Does not fulfill S/o Dayal regularised the requirement of Chand 3650 days or 240 days per calendar year for 10 consecutive years upto 31.12.2010 30 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 &
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15as per policy circular No. 4870- 5020/Estt. Dated 14.3.2011 and circular No. 14881-15091/Estt.
Dated 18.07.2014.
6 Deepak Sidhu Selected as 18.02.2013 Was selected
S/o Jagtar Peon through Open
Singh Selection vide
Advt. No. 14/2008
7 Kamal Singh Selected as 18.02.2013 Was selected
S/o Dungar Peon through Open
Singh Selection vide
Advt. No. 14/2008
8 Ms. Kiran Not Not applicable Not on the
w/o Swaran regularised University Roll.
Singh
5. Alongwith the affidavit, extract from the minutes of the meeting of syndicate held on 05.03.2011 have also been appended to justify the non-regularisation of those candidates who have though completed 10 years or more of service on or before 31.01.2012, but they had since filed writ petitions before this Court, prior to completion of 10 years, and therefore, their cases had not been considered on that short ground alone.
6. Having perused the affidavit viz.-a-viz. the minutes of the meeting of syndicate, I see no reason why the petitioners are not to be accorded the benefit of regularisation on completion of 10 years of service as on 31.01.2012 on parity with the others who have been regularised subject of course of to their having completed 10 years as on 31.01.2012.
The specific plea that since the petitioners had filed the writ petition before this Court and the reason given by the syndicate that the pendency of the same seem to have been the only hindering factor is not legally justifiable.
The said reasoning is not only arbitrary and unreasonable but is also 31 of 32 ::: Downloaded on - 23-12-2019 01:45:56 ::: CWP No. 8057 of 2004 & other connected petitions.
16colourable exercise of power. Especially, once it is established that petitioners fulfil all the parameters based on which service of the similarly situated employees have been regularised but this benefit has been denied to the petitioners merely because they chose not file petition before this Court.
7. In the afore premise, to the extent the resolutions/minutes of the meeting of syndicate held the petitioners ineligible to be considered for regularisation on the ground that they had approached this Court even though they are otherwise eligible, are not sustainable and are thus set aside.
8. Writ petition is disposed of with the direction to the university to consider the case of those petitioners who have not yet been regularised but are otherwise eligible by disregarding the fact that they had approached this Court.
9. Let the appropriate orders be passed within a period of three months to accord them all admissible benefits of regularisation of services, subject of course to the rider, that they should otherwise be eligible.
10. It is made clear that their having approached this Court shall not come in their way of not being considered for regularisation.
Disposed of in above terms.
A photocopy of this order be placed on the files of the connected cases.
(ARUN MONGA) November 25, 2019 JUDGE Dharamvir Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No 32 of 32 ::: Downloaded on - 23-12-2019 01:45:56 :::