The High Court dismissed the 25-year-old petition seeking regularization of services as Sawasth Sahayak. The Court held the claim infructuous due to pendency and the petitioner's junior status in the seniority list, disposing the matter without representation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Sr. No.323
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-13804-1996 (O&M) Date of decision: 05.04.2022
Banarsi Dass and others …Petitioners Vs.
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: None for the petitioners.
Mr. R.K.S. Brar, Additional A.G., Haryana.
ARUN MONGA, J. (ORAL)
Petition was filed in the year 1996 , inter alia seeking issuance of a writ in the nature of mandamus directing the respondents to regularize the services of the petitioners as Sawasth Sahayak in view of the Policy dated 07.05.1991 framed by the respondent authorities. Petition was admitted on 12.02.1998.
When called out for hearing, there is no representation on behalf of the petitioners. It seems that by sheer effluxion of time and pendency of the writ petition for more than 25 years before this Court, either it has been rendered infructuous or even otherwise the petitioners seem to have lost interest in pursuing the same.
In any case, it appears that even on merits claim of the petitioners is not admissible in view of the following stand taken in para 5 of the reply on merit, which is reproduced herein for ready reference:-
“5. That the para 5 of the writ petition is admitted except that the petitioners are not senior most in the seniority list. It is stated that the name shown in Annexure P-2 are junior in the seniority list maintained by the Civil Surgeon Rohtak according to the Policy dated 07.05.1991. The appointments have been given from Sr. No. 1 to 5 whereas the names of the petitioners exist from Sr. No.8 as the such persons stand at Sr. No.6 and 7 are senior from the petitioners, who have also not been given appointment so far. No regular post of Swasth Sahayak/Field worker is lying vacant in District Rohtak now in Malaria and General side. It is further stated that this policy dated 07.05.1991 is admissible to Malaria Staff side only not on General Side (Civil Surgeon side).
VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document
CWP-13804-1996 (O&M) -2-
These petitioners were appointed only in spray season on 4½ months basis in Malaria Side.”
Be that as it may, writ petition is disposed of with liberty to the petitioners to file an appropriate application in case, any cause of action still
survives.
Pending applications, if any, also stand disposed of.
05.04.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document
Banarsi Dass and others
State of Haryana and others
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
