Disposed

Dev Raj and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC11 May 2012CWP/10407/1994

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AI extract

What is this about?

Petitioners sought regularisation as Beldars. The court held that since a decision on retention was under review, the writ petition was disposed of by directing the respondent authority to consider regularisation within three months and pass a speaking order.

What did the court decide?

Direction to respondent no.3 to consider the case for regularisation within three months and pass a speaking order rejecting it if not entitled.

Dev Raj and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

CWP No.10407 of 1994

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.10407 of 1994 Date of decision:11.05.2012

Dev Raj and others

.....Petitioners

Versus

State of Haryana and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE G.S.SANDHAWALIA

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Present: Mr. Vivek Singla, Advocate for the petitioners.

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Mr. Ashish Kapoor, Addl. Advocate General, Haryana for the respondents.

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G.S.Sandhawalia J. (Oral)

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Counsel for the petitioners contends that this petition has been rendered infructuous as the relief prayed by the petitioners was that they be allowed to mark their presence with effect from 1.8.1994 as they have not been allowed to work from that date and their services have been dispensed with. In the written statement filed by respondents No.1 to 3, it has been pleaded that the matter was reviewed and it was decided vide letter dated 17.8.1994 that daily wages employees who were employed on muster rolls before 1.1.993 and have been on rolls continuously since then, they may be retained on muster rolls basis. Accordingly, the relief having been granted no further order are required.

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The second prayer of the petitioners was that the petitioners were entitled for regularisation as Beldars. Regarding the same, the reply of the respondents is that all the three petitioners have completed five years service as on 31.3.1994 and petitioner no. 2 Hussana Ram and petitioner no. 3 Raminder Singh had completed five years services as on 31.3.1994

CWP No.10407 of 1994

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with 240 days in each calendar year whereas petitioner no.1 Dev Ram had completed five years service as on 31.3.1994 but he had not completed 240 days in the year 1989-90. It has been further pleaded by the respondents that case of the petitioners will be considered on framing further policy by the Government. The said written statement was filed on 19.9.1994. Counsel for the petitioners does not have instructions as to whether the relief has been granted or not to the petitioners.

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Accordingly, the writ petition is disposed off with a direction to respondent no.3 to consider the case of the petitioners for regularisation of their services as per the policy in force and to take a decision on the matter within a period of three months from the date of receipt of certified copy of this order, in case the said relief has not already been granted. In case the petitioners are not found entitled to be given benefit of regularisation, the respondents shall pass a speaking order rejecting the case of the petitioners.

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(G.S.Sandhawalia) JUDGE

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11.05.2012 Pka

Dev Raj and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

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Dev Raj and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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