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Punjab-Haryana High Court

Rajbir And Others vs State Of Haryana & Others on 22 February, 2013

Author: Tejinder Singh Dhindsa

Bench: Tejinder Singh Dhindsa

CWP No.4037 of 2013                                                          1

            IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH


                                            CWP No. 4037 of 2013
                                            Date of decision: 22.02.2013

Rajbir and others                                        .... Petitioners

            Vs.

State of Haryana & others                                .... Respondents

CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

Present:    Mr. Arvind Kumar Chouhan, Advocate
            for the petitioners.

             ....
TEJINDER SINGH DHINDSA, J. (ORAL).

Petitioners, who are part time Sweepers and have been working since 1990, have approached this Court claiming regularization of their services as similarly situated persons have been regularized. Reliance has also been placed on a Division Bench Judgment of this Court passed in CWP No.5926 of 2001 titled as Vidya Devi and others vs. State of Haryana and others, decided on 20.02.2002. Even the respondents have also accepted the said judgment after the dismissal of the SLP filed against it and accordingly framed a policy for regularization. Claiming the same relief, as has been made in the present writ petition, petitioners have served a legal notice dated 17.07.2011 (Annexure P-3) on the respondents but till date no decision thereon has been taken and conveyed to the petitioners.

Counsel for the petitioners states that the petitioners would be satisfied if a direction is issued to District Education Officer, Jind- respondent No.3, to consider the claim of the petitioners as has been CWP No.4037 of 2013 2 projected in their legal notice dated 17.07.2011 (Annexure P-3) within some specified time.

Without going into merits of the case or commenting thereon, this petition is disposed of with directions to District Education Officer, Jind-respondent No.3 to consider and decide the claim of the petitioners made through their legal notice dated 17.07.2011 (Annexure P-3) within a period of two months from the date of receipt of certified copy of this order and be conveyed to the petitioners forthwith.

In case the petitioners are held entitled to the relief as claimed by them in their legal notice, consequential benefits be released to them within a further period of one month.

The present writ petition is disposed of.

February 22, 2013                       (TEJINDER SINGH DHINDSA)
Diwaker Gulati                                   JUDGE