Bhupesh Kumar and Ors. Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Bhupesh Kumar and Ors. Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as not pressed, in the same terms as Hira Devi (CWP-26714-2019). Authorities concerned to consider and decide the petitioners' regularization claim, keeping in mind the Hira Devi and Mrs. Gurmeet Kaur judgments, within eight weeks of receipt of certified copy of the order, by passing an appropriate speaking order; if the claim is rejected, detailed reasons to be recorded in the speaking order and conveyed to the petitioner; pending civil miscellaneous application(s), if any, stand disposed of.

Issue for consideration

Whether the petitioners' claim for regularization of services should be considered and decided by the respondents in terms of this Court's judgments in Hira Devi (CWP-26714-2019) and Mrs. Gurmeet Kaur (CWP No. 23027 of 2016).

Court's answer

Since the issue raised in the petition has already been answered by this Court in CWP-26714-2019 (Hira Devi), the present petition is to be disposed of in the same terms and conditions as held in Hira Devi's case.

Ratio / Principle

The claim regarding regularization of the petitioners' services will be considered and decided by the authorities concerned, keeping in mind the judgments in Hira Devi and Mrs. Gurmeet Kaur cases.

Key takeaways

That consideration and decision is to occur within a period of eight weeks from receipt of the certified copy of this order, by passing an appropriate speaking order.ratio¶3
If the claim is found feasible to be accepted, an appropriate order will be passed; if not found feasible, detailed reasons for rejecting the claim for regularization will be mentioned in the speaking order and conveyed to the petitioner.ratio¶4
In view of the State counsel's statements, the petition was disposed of as not pressed further, and it was ordered accordingly.

Detailed headnote1 paragraphs

Regularization of services — Writ petition (CWP-1265-2021 (O&M)) disposed of as not pressed in terms of this Court's earlier order in Hira Devi v. State of Punjab, CWP-26714-2019, decided 19.07.2024, wherein the identical issue already stood answered. On counsel's request, the State undertook that the authorities concerned will consider and decide the petitioners' claim for regularization keeping in mind the judgments in Hira Devi and Mrs. Gurmeet Kaur v. State of Punjab, CWP No. 23027 of 2016, decided 24.09.2024, within eight weeks of receipt of the certified copy of the order, by passing an appropriate speaking order; if the claim is not found feasible, detailed reasons for rejection will be mentioned in the speaking order and conveyed to the petitioner. Pending civil miscellaneous application(s) disposed of. Single Judge: Harsimran Singh Sethi, J. (Oral); decided 22.04.2025.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

276

CWP-1265-2021 (O&M) Decided on :22.04.2025

BHUPESH KUMAR AND ORS . .petitioner

Versus

STATE OF PUNJAB AND ORS . . . Respondent

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

PRESENT: Mr. Bikramjit Singh Patwalia, Advocate and Mr. Gaurav Jagota, Advocate for the petitioners.

Mr. Malkiat Singh, DAG, Punjab.

Mr. Deepanshu Mehta, Advocate for respondent no. 3.

HARSIMRAN SINGH SETHI , J. (Oral)

Learned counsel for the parties are ad-idem to the facts that the issue raised in the present petition has already been answered by this Court while passing order in CWP-26714-2019, titled as Hira Devi and others versus State of Punjab and others, decided on 19.07.2024 alongwith other connected cases, hence, the present petition may kindly be disposed of in the same terms and conditions as held in Hira Devi 's case (supra) .

At this stage, learned counsel for the petitioners submits that there is a possibility that while considering the claim of the petitioners for regularization, the respondents can take some objections like that the petitioners are not the employees of the respondents-department, therefore, respondents be directed to consider case of the petitioners for regularization by keeping in view the judgment passed by this Court in CWP No. 23027 of

2016 titled as Mrs. Gurmeet Kaur and others versus State of Punjab and others, decided on 24.09.2024 as well.

Upon this, learned counsel for the respondents submits that the

RIMPAL RANI 2025.04.24 16:08 I attest to the accuracy and integrity of this document

CWP-1265-2021 (O&M) -2-

claim regarding the regularization of the services of the petitioners as being sought in the present petition will be considered and decided by the authorities concerned by keeping in mind the judgments passed in Hira Devi 's case (supra) & Mrs. Gurmeet Kaur 's case (supra) within a period of eight weeks from the receipt of certified copy of this order by passing an appropriate speaking order.

Learned counsel for the respondents further submits that in case the claim of the petitioner is found feasible to be accepted, an appropriate order will be passed and in case the same is not found feasible to be accepted, detailed reasons for rejecting the claim for regularization of the petitioner will be mentioned in the speaking order and the same will also be conveyed to the petitioner as well.

Learned counsel for the petitioners submits that keeping in view the statement of learned State counsel, the present petition may kindly be disposed of having been not pressed any further.

Ordered accordingly.

Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE

22.04.2025 Riya

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

RIMPAL RANI 2025.04.24 16:08 I attest to the accuracy and integrity of this document