Punjab-Haryana High Court
Dharam Vir And Anr vs State Of Haryana And Ors on 9 August, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
NISHA
LPA-1882-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
106 LPA-1882-2024 (O&M)
Date of decision: 09.08.2024
DHARAM VIR AND ANR
...Appellants
VERSUS
STATE OF HARYANA AND ORS
...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. Ashok Gupta, Advocate
for the appellants.
Mr. Sanjeev Kaushik, Addl. A.G., Haryana.
36 2 2 2
DEEPAK SIBAL, J.(ORAL)
1. The present intra court appeal is directed against the judgment
dated 01.05.2024 passed by a learned Single Judge of this Court dismissing
the appellants' petition filed by them seeking therein counting of their
services rendered on daily wage basis, prior to regularization of their
services, for the purpose of seniority.
2. A few basic facts may be noticed.
3. The appellants were appointed as Clerks on daily wage basis
and in lieu of the services rendered by them, they were paid at the rates
fixed by the Deputy Commissioner, Kurukshetra. Thereafter, in terms of the
policy of the Government of Haryana dated 11.05.1994, their services were
2024.08.21 18:43
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authenticity of this order/judgment.
NISHA
LPA-1882-2024 (O&M) -2- 2004: PHN 1027 77-06 ROG
regularized and as per the conditions prescribed in such policy, they were
granted seniority w.e.f. 31.03.1993. In the year 2018, they petitioned this
Court seeking counting of the service rendered by them on daily wage basis,
prior to their regularization, for the purpose of seniority, which petition of
theirs has been dismissed by the learned Single Judge, resulting in the filing
of the present intra court appeal.
4. We have heard learned counsel for the parties.
5. In the year 1986 both the appellants were appointed as Clerks,
which is a Class-III post, on daily wages. On 11.05.1994, the State of
Haryana issued a notification through which it was decided to regularize the
services of employees serving in the State on ad hoc and daily wage basis.
The condition contained in the said notification with regard to the grant of
seniority to the employees who would be regularized in terms of the said
notification was as follows:-
"The seniority of the ad hoc or daily wages employees so
regularised vis-a-vis the class III employees shall be
determined with effect from 31st March, 1993. The inter-se
seniority of such ad hoc or daily wages class III employees
shall be determined in accordance with the date of their joining
the post on ad hoc or daily wages basis. If the date of joining
the post(s) on ad hoc or daily wages basis by such ad hoc or
daily wages employees was the same, then an older employee
shall rank senior to an employee younger in age. If the date of
appointment of the direct recruit and the date of regularisation
of ad hoc or daily wages employees are the same the direct
recruit shall be senior.
(emphasis supplied)
2024.08.21 18:43
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authenticity of this order/judgment.
NISHA
LPA-1882-2024 (O&M) -3-
6. In terms of the State's policy/notification dated 11.05.1994, the
services of the appellants were regularized as Clerks and in the light of the
afore reproduced Clause contained in the notification/policy, they were
granted seniority w.e.f. 31.03.1993.
7. The said Clause was and is not under challenge.
8. There is also an unexplained delay of 24 years on the part of
the appellants to claim the relief of seniority which had been denied to them
in year 1994.
9. Even otherwise, no relief can be granted to the appellants in
the light of the following observations made by the Supreme Court in
Malook Singh and others Vs. State of Punjab and others -- 2021 (4) SCT
305:-
"18. As a matter of first principle, the view which has been
adopted in the impugned judgment of the Division Bench of the
High Court cannot be faulted. The policy for regularization
issued on 3 May 1977 is clear in regard to the date of
regularization, the principle for reckoning seniority and the
basis on which seniority should be reckoned inter se between
persons belonging to the group of ad-hoc employees who were
regularized. The policy clearly specifies that regularization
would be granted to persons who had fulfilled a minimum of
one year service as on 31 March 1977. As regards seniority,
clause 5(a) specifies that the seniority, upon regularization
would date back to 1 April 1977 vis-a-vis candidates appointed
on a regular basis after selection through the prescribed
procedure. As between ad-hoc employees who were
regularized, inter se seniority would however be based on the
length of service so that a person possessing longer service
would rank senior to a junior in terms of the length of service."
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authenticity of this order/judgment.
LPA-1882-2024 (O&M) -4- BORE PHN 1277 7-08}
10. In light of the above discussion, we find no error, legal or
factual, in the impugned judgment.
11. Dismissed.
(DEEPAK SIBAL)
JUDGE
(DEEPAK MANCHANDA)
JUDGE
August 09, 2024
Nisha Yadav
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
NISHA
2024.08.21 18:43
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authenticity of this order/judgment.
