The High Court disposed of a 26-year-old writ petition seeking regularization of the petitioner as a White Washer in Group C. The court found the claim not admissible on merits and the petition likely infructuous due to over 25 years of pendency.
Writ petition disposed of with liberty to file an appropriate application if any cause of action survives.
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.327
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-17898-1996 Date of decision: 05.04.2022
Rajbir
…Petitioner Vs.
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: None for the petitioner.
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 petitioner on the post of White Washer in Group ‘C’ category (Class III) instead of Group ‘D’ Class (IV).
“ 4. That the contents of this para are wrong and denied. It is absolutely incorrect that the petitioner has worked as White Washer since 1.1.1984 continuously. From the year 1988 to 31.1.1994, petitioner has worked as Beldar/Mali-cumChowkidar upto 10/88 again, he has worked as Chowkidar in the month of 7/89, 7/91, 12/91, 2/92 and 3/92 again, he has worked as Mali-cum-Chowkidar during 6/90. Of course he has worked for a period of white washer also. The petitioner never worked as white washer continuously. He used to be put on work as muster roll as per the requirement at site of work. If we take him as white washer since 11/88 to 3/93 (Though it is not so as per record of answering respondent) even then he is not entitled to be regularized as a white washer in view of the requirement of the Govt. Policy of 5 years service. The petitioner has not worked 240 days as white washer in the year
VANDANA 2022.04.25 05:55 I attest to the accuracy and integrity of this document
1.4.88 to 31.3.89. So from any point of view the petitioner is not in a position to be regularized as a White Washer grade “C” post. ”
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
2 issues framed by the court
Whether the petitioner is entitled to regularization as a White Washer in Group C post given the lack of continuous service.
Whether the writ petition rendered infructuous due to excessive pendency.
1 provisions across 1 enactments
Rajbir
State of Haryana
ARUN MONGA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
