Punjab-Haryana High Court
Onkar Nath And Others vs . State Of Punjab And Another on 26 May, 2009
Author: Permod Kohli
Bench: Permod Kohli
CWP No.8251 OF 2009 :1:
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision: 27.05.2009
Onkar Nath and others Vs. State of Punjab and another
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: None for the petitioners.
Mr.BS Chahal, DAG, Punjab.
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PERMOD KOHLI, J. (Oral):
Notice of motion.
At this stage, Mr.BS Chahal, DAG, Punjab, accepts notice on behalf of the respondents.
The petitioners are working as Cooks, Barbers, Washerman etc. on the daily wage basis having been engaged between the years 1984 to 1995. It is alleged that they are continuously performing their duties for the last 18 to 25 years, but they have not been considered for regularisation. The petitioners have accordingly filed this petition seeking their regularisation.
The issue of regularisation has been finally set at rest by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi and others, (2006) 4 Supreme Court Cases, 01. The relevant directions contained in the aforesaid judgment are reproduced hereunder:-
"53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa, CWP No.8251 OF 2009 :2: R.N. Nanjundappa and B.N. Nagarajan and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases abovereferred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularise as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filed up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularisation, if any, already made, but not sub judice, need not be reopened based on this judgment, but there should be no further by- CWP No.8251 OF 2009 :3: passing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme."
Let the case of the petitioners be considered in the light of the directions contained in the aforesaid judgment.
Petition disposed of.
27.05.2009. (PERMOD KOHLI) BLS JUDGE