Punjab-Haryana High Court
State Of Haryana And Others vs Dharampal And Others on 19 October, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:136921-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.104 LPA-2548-2024 (O&M)
Date of decision : 19.10.2024
State of Haryana and others ..... Appellants
Versus
Dharampal and others ..... Respondents
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present : Mr.Hitesh Pandit, Addl.A.G., Haryana.
*****
DEEPAK SIBAL, J. (Oral)
1. In a bunch of petitions in which the lead case was CWP-2158-2020-Ashish
Sharma and others vs. State of Haryana and others the issue raised before a learned
Single Judge of this Court was with regard to regularization of the services of the
petitioners therein. The matter was considered in much detail and the entire bunch of
petitions was disposed of with issuance of the following directions: -
"43. In view of the above, the writ petitions are disposed of in the terms and
conditions mentioned herein before. Let the respondent-State pass appropriate
speaking order as directed herein before. In case, any of the petitioner is found
entitled for regularization/retrospective regularization of services from the date
employees junior to him/her has been regularized, they will be granted the said
date of regularization otherwise due reasons be mentioned in the speaking order
keeping in mind the directions given by the Court herein before so as to decide the
eligibility of each petitioners qua their respective claims. Further in case any of
the petitioners is found entitled for regularization of his services retrospectively
the said benefit shall be given notionally, no arrears will be granted to the
petitioners up to the date of filing of the respective petitions. The petitioners will
be entitled for fixing of their salaries from the date of regularization notionally
and the arrears will only be extended from the date of filing of their respective
petitions before this Court and if any of the petitioners has already retired, his/her
pensionary benefits will also be fixed/revised and arrears will also be extended
from the date of filing the petition by the said petitioner."
2. When the respondents petition, through which they also claimed
regularization of their services, came up for hearing before the learned Single Judge,
learned counsel for the respondents sought disposal of the respondent's petition in terms
of Ashish Sharma's case (supra). The learned State counsel specifically stated that he
had no objection if the respondents' writ petition was disposed of, as prayed for by
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Neutral Citation No:=2024:PHHC:136921-DB
LPA-2548-2024 (O&M) [2]
learned counsel for the respondents. Accordingly, the respondents' writ petition was
disposed of in terms of Ashish Sharma's case (supra).
3. Before us, the learned State counsel assails the impugned judgment by the
learned Single Judge by submitting that both on facts and law the respondents' case is not
covered by Ashish Sharma's case (supra).
4. Once, before the learned Single Judge, learned counsel appearing for the
State had specifically stated that he had no objection if the respondents' writ petition is
disposed of in terms of Ashish Sharma's case (supra) and in the grounds of the present
appeal as also through the submissions made before us the afore statement made on
behalf of the State before the learned Single Judge is not disputed, we are not inclined to
accept the afore submission made on behalf of the State.
5. Dismissed.
6. Pending miscellaneous application(s), if any, also stand disposed of.
[DEEPAK SIBAL]
JUDGE
19.10.2024 [DEEPAK MANCHANDA]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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