Punjab-Haryana High Court
Jaswinder Singh vs State Of Haryana And Ors on 22 October, 2024
Neutral Citation No:=2024:PHHC:138486
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
214
CWP-22691-2018
Date of decision : 22.10.2024
Jaswinder Singh .....Petitioner
V/S
State of Haryana and others ....Respondent
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Shyam Singh Chhokar, Advocate for the petitioners.
Mr. Saurabh Mohunta, D.A.G., Haryana.
****
NAMIT KUMAR, J. (ORAL)
1. The petitioner has filed the instant writ petition under
Articles 226/227 of the Constitution of India, seeking a writ of
certiorari, quashing the order dated 13.08.2012 (Annexure P-1),
whereby services of the petitioner have been regularized w.e.f.
01.10.2003 as Mali-cum-Chowkidar instead of Water Pump
Operator/Work Munshi. Further seeking a writ of mandamus, directing
the respondents to consider the case of the petitioner for regularization
as Water Pump Operator/Work Munshi instead of Mali-cum-Chowkidar.
2. Brief facts of the case, as have been pleaded in the present
petition, are that the petitioner, who is Matriculate, was engaged as
Water Pump Operator/Work Munshi on 01.02.1994 in the Public Work
Department (Public Health Engineering Division, Kurukshetra) on daily
wages/muster roll basis. Thereafter, his services have been regularized
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as Mali-cum-Chowkidar w.e.f. 01.10.2003. The petitioner submitted
representation dated 25.11.2017 claiming regularization on the post of
Water Pump Operator/Work Munshi and since no action was taken by
the respondents on the same, therefore, the instant petition has been
filed by the petitioner claiming regularization against the post of Water
Pump Operator/Work Munshi instead of Mali-cum-Chowkidar.
3. Pursuant to notice of motion, written statement on behalf of
the respondents has been filed, wherein it has been stated that the
petitioner has rightly been regularized as Mali-cum-Chowkidar as he
was not eligible for the post of Water Pump Operator/Work Munshi. The
petitioner is not fulfilling the qualification i.e. Matriculation with ITI
Certificate in the trade of Motor/Tractor/Diesel Mechanical
Electric/Wireman which is essential qualification for appointment to the
post of Water Pump Operator/Work Munshi.
4. Learned counsel for the petitioner submits that on
01.02.1994 the petitioner was initially appointed as Water Pump
Operator/Work Munshi on daily wages/muster roll basis which is a
Class-III post, however, his services were regularized w.e.f. 01.10.2003
as Mali-cum-Chowkidar, which is a Class-IV post. When the petitioner
came to know that the similarly situated persons have been granted the
benefit of regularization on Class-III post, he approached the
respondent-department by submitting representation dated 25.11.2017
for regularization of his services against the post of Water Pump
Operator/Work Munshi instead of Mali-cum-Chowkidar and for grant of
all consequential benefits but no action was taken on the same. In
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support of his claim, he has placed reliance upon the judgment passed
by this Court in CWP No.21929 of 2012 titled as 'Sanjeev Bagga and
others Vs. State of Haryana and others' decided on 19.12.2015 along
with other connected petitions.
5. Per contra, learned State counsel, while referring to the
averments made in the written statement, submits that since as per his
qualification, the petitioner was not eligible for the post of Water Pump
Operator/Work Munshi, therefore, his services were rightly regularized
as Mali-cum-Chowkidar.
6. I have heard learned counsel for the parties and perused the
relevant documents with their able assistance.
7. The facts are not in dispute that the petitioner, who is
Matriculate, was initially engaged as Water Pump Operator/Work
Munshi on 01.02.1994 on daily wages/muster roll basis and his services
were regularized w.e.f. 01.10.2003 as Mali-cum-Chowkidar. As per
stand taken by the respondents the petitioner is not fulfilling the
qualification i.e. Matriculation with ITI Certificate in the trade of
Motor/Tractor/Diesel Mechanical Electric/Wireman, which is essential
qualification for appointment to the post of Water Pump Operator/Work
Munshi. Since the petitioner does not fulfill the educational
qualification for the post of Water Pump Operator/Work Munshi,
therefore his services have rightly been regularized as Mali-cum-
Chowkidar.
8. Moreover, the services of the petitioner were regularized
on 01.10.2003 and the instant petition has been filed on 04.09.2018 i.e.
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after about 14 years. Since there is inordinate delay in filing the present
petition, therefore, the same is liable to be dismissed on this ground
also.
9. Further, the judgment cited by learned counsel for the
petitioner in Sanjeev Bagga's case (supra) is not applicable to the facts
of the present case as in the said writ petition, the benefit of
regularization granted to the petitioners was sought to be withdrawn.
10. In view of the above, the present writ petition, being
devoid of merit, is hereby dismissed.
22.10.2024 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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