Punjab-Haryana High Court
Ishwar Singh vs State Of Haryana And Ors on 4 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:045743
CM-4333-CWP-2024 in/& -1- 2024:PHHC:045743
CWP-23550-2018
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
102 CM-4333-CWP-2024 in/&
CWP-23550-2018
Date of Decision :04.04.2024
Ishwar Singh ...Petitioner
Versus
State of Haryana and others ....Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Nihal S. Choudhary, Advocate for the petitioner.
Mr. Harish Nain, AAG, Haryana.
***
Harsimran Singh Sethi, J. (Oral)
CM-4333-CWP-2024
Present application has been filed for listing the main writ
petition, which was adjourned sine die to await the decision the Hon'ble
Supreme Court of India in SLP-4531-2023 titled as State of Haryana and
others vs. Balwinder Singh and others.
Keeping in view the averments made in the application, which
are duly supported by an affidavit, application is allowed. Main writ petition
is taken up for hearing today itself.
CWP-23550-2018
1. In the present petition, grievance of the petitioner is that the
petitioner is entitled for consideration of his claim for regularization of his
services under the policy dated 01.10.2003 as the petitioner fulfills all the
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Neutral Citation No:=2024:PHHC:045743
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requisites of the said policy but his services were regularized only under the
policy dated 18.06.2014, which policy has already been set aside by this
Court while passing order in CWP No.17206 of 2014 titled as Yogesh
Tyagi and another vs. State of Haryana and others, decided on 31.05.2018
and the petitioner is only continuing in service under the interim order of
the Hon'ble Supreme Court of India.
2. Learned counsel for the petitioner submits that the question of
law raised in the petition has come up for consideration before this Court
and this Court while passing order in CWP-2158-2020 titled as, Ashish
Sharma and others vs. State of Haryana and others, decided on
13.03.2024 along with other connected cases, has laid down the parameters
for considering the claim of the employees under the said policy dated
01.10.2003 and the petitioner will also be satisfied in case the claim of the
petitioner is considered by the respondents as per the terms and conditions
of the order passed by this Court in Ashish Sharma (supra).
3. Learned State counsel submits that services of the petitioner
have already been regularized and the present petition has been filed after a
period of 04 years and hence, the petitioner be not given liberty to seek
regularization of his services, as claimed, under the judgment of this Court
in Ashish Sharma (supra).
4. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
5. It may be noticed that though, the services of the petitioner
were regularized under the policy dated 18.06.2014 but said regularization
policy and consequent regularization of the employees have already been
set aside by this Court while passing order in Yogesh Tyagi (supra) and the
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CWP-23550-2018
petitioner is only continuing under the interim order of the Hon'ble
Supreme Court of India and in case petitioner intends that his claim for
regularization of his service be considered under the policy dated
01.10.2003, the respondents cannot refuse the said consideration.
6. Keeping in view the above, present petition is also disposed of
in terms of the order passed by this Court in Ashish Sharma (supra) so as
to consider the claim of the petitioner for regularization of his services
under the policy dated 01.10.2003 and to pass appropriate speaking order
within a period of 08 weeks from the date of receipt of copy of this order.
April 04, 2024 (HARSIMRAN SINGH SETHI)
aarti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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