Punjab-Haryana High Court
Ripudaman Kaur vs State Of Punjab And Ors on 4 September, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:115213
CM-13942-CWP-2024 in/and
CWP-22903-2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(101) CM-13942-CWP-2024 in/and
CWP-22903-2012
Date of Decision : September 04, 2024
Ripudaman Kaur .. Petitioner
Versus
State of Punjab and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Geeteshwar Saini, Advocate, for
Mr. Raj Kumar Arya, Advocate, for the petitioner.
Mr. Swapan Shorey, Deputy Advocate General, Punjab.
HARSIMRAN SINGH SETHI J. (ORAL)
CM-13942-CWP-2024
Present application has been filed with a prayer that the main
case may kindly be fixed keeping in view the fact that the question raised in
the present writ petition has already been decided by this Court while
passing order in CWP No.26714 of 2019 titled as Hira Devi and others vs.
State of Punjab and others, decided on 19.07.2024.
Notice of the application to the counsel opposite.
Mr. Swapan Shorey, learned Deputy Advocate General, Punjab,
who is present in the Court, accepts notice on behalf of the respondents. He
raises no objection for the grant of prayer as raised in the present
application.
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Neutral Citation No:=2024:PHHC:115213
CM-13942-CWP-2024 in/and
Keeping in view the averments made in the application, which
are duly supported by an affidavit, the application is allowed. On joint
request of learned counsel for the parties, the main writ petition is taken up
for hearing today itself.
CWP-22903-2012
1. Learned counsel for the petitioner submits that the petitioner
discharged the duties with the respondents for a period of more than two
decades but her services have not been regularized, which act on the part of
the respondents is totally arbitrary and illegal.
2. Learned counsel for the petitioner further submits that keeping
in view the judgment of the Hon'ble Supreme Court of India in Civil
Appeal No. 6798 of 2019 titled as Prem Singh Vs. State of Uttar Pradesh
and others, on 02.09.2019, in case an employee has rendered more than two
decades of service, even after the retirement, the said employee will be
entitled for regularization so as to get pensionary benefits and by placing
reliance upon the said judgment, this Court has already decided the issue of
regularization of the services of the employees in pursuance to the
regularization policy dated 11.03.2014 and appropriate directions have been
given and the present petition may also be disposed of in same terms so as
to consider the claim of the petitioner under the said instructions and pass
appropriate order keeping in view the guidelines fixed in Hira Devi's case
(supra).
3. Learned counsel for the respondents has not been able to rebut
the said fact that the question of law raised in the present petition is covered
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Neutral Citation No:=2024:PHHC:115213
CM-13942-CWP-2024 in/and
by the judgment of this Court in Hira Devi's case (supra).
4. Keeping in view the above, the present writ petition is also
disposed of in terms of Hira Devi's case (supra).
September 04, 2024 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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