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Punjab-Haryana High Court

Rani Devi vs State Of Haryana & Ors on 16 November, 2018

Author: Ritu Bahri

Bench: Ritu Bahri

CWP No.29029 of 2018                                                  -1-

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH


                                            CWP No.29029 of 2018 (O&M)
                                            Date of decision: 16.11.2018


Rani Devi
                                                            ...Petitioner
                                        Versus

State of Haryana and others
                                                            ...Respondents


CORAM:HON'BLE MS. JUSTICE RITU BAHRI


Present: Mr. Ram Niwas Sharma, Advocate,
         for the petitioners.
                    ***

Ritu Bahri, J.

Petitioner is seeking the benefit of regularization as per policy dated 30.12.98/25.02.1999 (Annexure P-2).

The petitioner is working as Part Time Sweeper since 26.02.1993. As per policy of regularization dated 30.12.1998/25.02.1999 (Annexure P-

2), those Part Time Class-IV employees were to be regularized, who had completed three/six years of service.

Learned counsel for the petitioner has referred to the judgment passed by this Court in Vidya Devi and others vs. State of Haryana and others, CWP No.5926 of 2001, decided on 20.02.2002 (Annexure P-3), whereby direction to regularize the services of Part Time employees as per instructions dated 30.12.1998/25.02.1999 (Annexure P-2), was issued. SLP against the said judgment was dismissed on 22.03.2010 (Annexure P-4). Thereafter, vide Annexure P-5, general direction has been issued to 1 of 2 ::: Downloaded on - 24-03-2019 22:22:18 ::: CWP No.29029 of 2018 -2- regularize the services of the Part Time employees as per aforesaid policy. With regard to her grievance, petitioner has served a detailed legal notice dated 22.06.2016 (Annexure P-8) seeking the benefit of regularization as per the judgment dated 20.02.2002 (Annexure P-3), but no action has been taken thereon. Similarly situated employees have already been granted ante-dated regularization vide orders dated 11.03.2011, 27.12.2012, 20.12.2014, 06.03.2017, 02.08.2017 and 08.02.2018 (Annexure P-9 collectively).

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 her service keeping in view the judgment passed in Vidya Devi's case (supra), instructions dated 25.02.2011 (Annexure P-5) and order(s) (Annexure P-9), within a period of three months from the date of receipt of certified copy of this order.




                                                            (RITU BAHRI)
16.11.2018                                                     JUDGE
ajp


                 Whether speaking/reasoned         Yes/No
                 Whether reportable                Yes/No




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