Partly allowed

Dal Chand v. State of Haryana & or.S

Punjab & Haryana HC4 Jul 2012CWP/12300/2012

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Punjab and Haryana directed a departmental authority to consider a legal notice dated 28.3.2012 filed by the petitioner regarding regularization of services under a 2011 Government Policy without examining the merits of the claim.

What did the court decide?

Direction to the Engineer-in-Chief, Haryana, PWD (B and R) Branch to consider the legal notice dated 28.3.2012 within three months and release consequential benefits within two months thereafter.

Dal Chand Vs State of Haryana & or.S — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No. 12300 of 2012 Date of Decision : 4.7.2012

Dal Chand

..... Petitioner

Versus

The State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

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Present:Mr. J.S. Maanipur, Advocate, for the petitioner.

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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Petitioner has approached this Court with a prayer for regularization of his services, as per the Policy dated 29.7.2011, as he fulfills the criteria as laid down therein. It is the contention of the petitioner that the petitioner joined as a daily wage Driver on 1.1.1995. His services were terminated without complying with the mandatory provisions of the Industrial Disputes Act on 17.10.1997. On an industrial dispute raised by the petitioner, an Award dated 3.2.2000 was passed in favour of the petitioner, vide which he was directed to be reinstated in service with 25% back wages. In compliance with the said Award, petitioner was allowed to join duty on 6.2.2002 and is still continuing on the said post. Earlier a suit preferred by the petitioner for regularization was dismissed by the Civil Judge, Faridabad on 18.2.2010, relying upon the judgment of the Hon'ble Supreme Court in Secretary State of Karnataka and others Versus Uma Devi and others , 2006(3) RSJ 572 and appeal preferred against the said order was also dismissed on 10.8.2010. Thereafter, Government of Haryana issued a Policy dated 29.7.2011, according to which the employees, who have completed

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CWP No. 12300 of 2012

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more than ten years of service on 10.4.2006, are entitled to be considered and regularized on the post held by them. Since the petitioner was appointed on 1.1.1995 and thereafter although, he was terminated from service, but the said termination has been held to be illegal, leading to an Award in his favour with the relief of reinstatement and 25% back wages, the petitioner shall be deemed to be in service since 1.1.1995. The petitioner, thus, completes more than ten years of service on 10.4.2006, entitling him to regularization of service. Claiming the said benefit, the petitioner had served a legal notice dated 28.3.2012 (Annexure-P-3) upon the respondents, but there is no result thereof, leading to approaching of the petitioner by way of present writ petition.

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Counsel for the petitioner contends that the petitioner, at this stage, will be satisfied, if a direction is issued to Engineer-in-Chief, Haryana, PWD (B and R) Branch-respondent No. 2 to consider and decide the legal notice dated 28.3.2012 (Annexure-P-3) within some specified time.

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Without going into the merit of the case or commenting thereon, the present petition is disposed of with a direction to the Engineer-in-Chief, Haryana, PWD (B and R) Branch-respondent No. 2 to consider and decide the legal notice dated 28.3.2012 (Annexure-P-3) within a period of three months from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioner forthwith. In case, the petitioner is held entitled to the claim made by him through his legal notice dated 28.3.2012 (Annexure-P-3), the consequential benefit, if any, be released to him, in accordance with law, within a further period of two months.

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(AUGUSTINE GEORGE MASIH) JUDGE

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4.7.2012 sjks

Dal Chand v. State of Haryana & or.S

Case brief

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Dal Chand v. State of Haryana & or.S

Case brief

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