Rajesh Gupta vs State Of Haryana And Others
2023 Latest Caselaw 21908 P&H

Punjab-Haryana High Court

Rajesh Gupta vs State Of Haryana And Others on 14 December, 2023

                        2023:PHHC:160161



                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 111
                                                             Civil Writ Petition No.28093 of 2023
                                                             Date of Decision: December 14, 2023


                       Rajesh Gupta
                                                                                ..... PETITIONER(S)
                                                         VERSUS
                       State of Haryana & others
                                                                             ..... RESPONDENT(S)

                                                            ...

                       CORAM:          HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

                                                            ...

                       PRESENT: - Mr. Govind Chauhan, Advocate, for the petitioner.

                                       Mr. Sanjeev Kaushik, Additional Advocate General,
                                       Haryana.

                                                           . . .


                        Tribhuvan Dahiya, J (Oral)

The petition has been filed inter alia seeking a writ of

mandamus directing the respondents to regularise the petitioner on the post

of Clerk as per Policy dated 07.03.1996, Annexure P-7.

2. It is contended that the petitioner was appointed on daily

wages on 16.06.1990, and his services were later terminated. The order of

termination was set aside by this Court vide judgment dated 19.11.2001,

whereby he was ordered to be reinstated with continuity in service. LPA

No.693 of 2002 against the judgment was dismissed, and the SLP (CA)

No.2949 of 2007 was also disposed of by the Supreme Court without going

into the merits of the appeal since the petitioner had already been reinstated

in service, and had not pressed his demand for back wages.

2023:PHHC:160161

3. It is further contended that the department itself has been

recommending petitioner's case for regularisation for quite sometime; the

first recommendation was vide letter dated 08.08.2014, Annexure P-8 and

the latest one vide letter dated 24.11.2022, Annexure P-21.

4. Mr. Sanjeev Kaushik, Additional Advocate General,

Haryana, appearing on advance notice, contends that the petitioner's case for

regularisation will be considered and finally decided as per the Policy dated

07.03.1996 in view of the facts aforestated by respondent No.2, within a

period of two months.

5. In view of the statement made by learned State counsel,

learned counsel for the petitioner has no objection to the petition being

disposed of in terms thereof.

6. Ordered accordingly.

                                                                      (Tribhuvan Dahiya)
                                                                            Judge
                       December 14, 2023
                       avin




                       Whether Speaking/ Reasoned:                        Yes/ No
                       Whether Reportable:                                Yes/ No