(O&M) Surjan Singh Vs State of Haryana and Ors. — Punjab & Haryana HC (2026) — LawSathi Research

(O&M) Surjan Singh Vs State of Haryana and Ors. — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None. The regular second appeal was dismissed, the decrees of the courts below upheld, and pending application(s), if any, disposed of.

Issue for consideration

Whether the appellant fulfilled the eligibility conditions of the Haryana Government regularization policies (requisite years of service, 240 days' work in each calendar year, and no break exceeding 30 days) so as to entitle him to regularization of his daily-wage/casual service. +1 more

Court's answer

The appellant did not fulfill the required conditions of the Haryana Government regularization policies dated 27.05.1993/18.03.1996/01.10.2003: he did not complete 240 days of work in each calendar year and had breaks exceeding 30 days at a stretch, so his services could not be regularized.

Ratio / Principle

Apart from oral statement, the appellant produced no documentary evidence to prove continuous daily-wage service from the time he began working; his recorded working days (72, 43, 245, 93, 149 and 83 in 1993, 1994, 1995, 1996, 2001 and 2003 respectively) fell short of the policy requirement of 240 days per calendar year, and he did not work at all from 1997 to 2002.

Key takeaways

The order dated 05.02.2004 (Ex P2) rejecting the appellant's representation for regularization is a well-reasoned order, undermining his challenge to it in the civil suit.ratio¶11
There is no infirmity in the judgment and decree dated 23.05.2009 of the Addl. Civil Judge, Kurukshetra or the judgment and decree dated 29.09.2011 of the District Judge, Kurukshetra; both are upheld, and the regular second appeal is accordingly dismissed.ratio¶12

Detailed headnote1 paragraphs

Regular Second Appeal (Punjab & Haryana at Chandigarh) — Regularization of daily-wage/casual labourer — Appellant (Surjan Singh), casual labourer in Kurukshetra Forest Division, sought regularization challenging rejection of his representation vide order dated 05.02.2004 (Ex P2) of the Divisional Forest Officer, relying on Haryana Government policies dated 27.05.1993, 07.03.1996/18.03.1996 and 01.10.2003 (amended 10.02.2004; all such policies withdrawn vide notification dated 13.04.2007) and a Supreme Court judgment dated 10.04.2006; suit dismissed (Addl. Civil Judge, Kurukshetra, 23.05.2009) and first appeal dismissed (District Judge, Kurukshetra, 29.09.2011) — Held: appellant worked intermittently as per availability of plantation work; completed only 72, 43, 245, 93, 149 and 83 days in 1993, 1994, 1995, 1996, 2001 and 2003; did not work from 1997 to 2002; did not complete 240 days in each calendar year and had breaks exceeding 30 days; records prior to 1993 weeded out (order dated 14.01.1997); DW1 Sandeep Singh deposed that work was given seasonally and appellant never worked 240 days in any calendar year; no documentary proof of continuous service — appellant did not fulfill the required conditions of the Haryana policies; order dated 05.02.2004 found well reasoned; no infirmity in the decrees below, which stand upheld — Second appeal dismissed; pending applications disposed of.

RSA-5086-2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-5086-2011 (O&M)

Surjan Singh

..Appellant

Versus

State of Haryana and others

..Respondents

Reserved on: 08.04.2026 Pronounced on: 24.04.2026 Uploaded on: 28.04.2026

Whether only the operative part of the judgment is pronounced? Whether full judgment is pronounced?

NO YES

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present: Mr. Ishan Cooner, Advocate for Mr. J.S. Cooner, Advocates for the appellant.

Mr. Harish Nain, A.A.G. Haryana

SUDEEPTI SHARMA, J.

The present regular second appeal is preferred against judgment and decree dated 23.05.2009 passed by learned Addl. Civil Judge, Kurukshetra, as well as judgment and decree dated 29.09.2011 passed by learned District Judge, Kurukshetra, whereby, civil suit as well as appeal filed by the appellant was dismissed respectively.

BRIEF FACTS OF THE CASE

Brief facts of the case are that appellant filed civil suit seeking regularization of his service by challenging order dated 05.02.2004 whereby his representation for regularization of his service, was rejected. The representation was decided by the respondents, since the appellant filed civil writ petition, which was decided on 29.08.2003 with the directions to the

GAURAV ARORA 2026.04.28 18:34 I attest to the accuracy and integrity of this document

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RSA-5086-2011 (O&M)

respondents to decide the representation filed by the appellant. The civil suit filed by the appellant was dismissed, vide judgment and decree dated 23.05.2009 passed by learned Addl. Civil Judge, Kurukshetra. Thereafter, he preferred appeal against the same, which was also dismissed, vide judgment and decree dated 29.09.2011 passed by learned District Judge, Kurukshetra.

ARGUMENTS OF LEARNED COUNSEL FOR THE PARTIES

Learned counsel for the appellant contends that both the Courts without appreciating the facts and the evidence on record (oral as well as documentary), dismissed the civil suit filed by the appellant. He, therefore, prays that the present appeal be allowed and judgment and decree dated 23.05.2009 passed by learned Addl. Civil Judge, Kurukshetra, as well as judgment and decree dated 29.09.2011 passed by learned District Judge, Kurukshetra, be set aside.

Per contra, learned counsel for respondents contends that both the Courts have rightly appreciated the evidence on record while dismissing the civil suit as well as appeal filed by the appellants. He, therefore, prays that the present regular second appeal be dismissed.

I have heard learned counsel for the parties and perused the whole record of the case with their able assistance.

ANALYSIS OF THE RECORD

A perusal of the record shows that the appellant represented the respondents for regularization of his service as per Haryana Government policies dated 1993, 1996 and 2003 in the light of the judgment of Hon’ble the Supreme Court dated 10.04.2006. The Haryana Government withdrew all the policies which were framed for the purpose of regularization on

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RSA-5086-2011 (O&M)

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ad hoc/daily wages/casual employees, vide notification dated 13.04.2007. The Haryana Government had framed policy dated 27.05.1993 for the purpose of regularization of service as per which service of those daily wagers who completed 05 years of service on 31.03.1993 and were in service on 31.03.1993 were to be regularized. This policy was amended as per which service of only those daily wager employees could be regularized who completed 05 years of service on 31.03.1993 and worked for 240 days in each calender year and break should not be more than 30 days at a stretch. Another policy was framed on 07.03.1996 for the purpose of regularization of daily wagers employees as per which daily wager employees who completed 05 years of service on 31.01.1996 and were in service on that date and worked for minimum 240 days in every calendar year and break should not be more than 30 days at any time , were to be regularized. This policy was amended to the extent that work charge/daily wager employees with 03 years of service on 31.01.1996 instead of 05 years of service on 31.01.1996 shall be regularized.

A perusal of the record further shows that in the year 1993 and 1996, the appellant did not file civil suit. Again Haryana Government framed policy dated 01.10.2003 for the purpose of regularization of service on daily wage in Group ‘D’ who completed 03 years of service on 30.09.2003 and were in service on 30.09.2003. Further that they fulfill the requisite qualification and were originally appointed against the vacant post and they worked for a minimum period of 240 days in each calender year and there must not be break of more than 30 days at a time due to his own fault.

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RSA-5086-2011 (O&M)

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The Haryana Government amended/modified condition No. 3 of the said policy and imposed additional condition No. 8 in the policy dated 01.10.2003 vide notification dated 10.02.2004. As per the amended policy, the daily wager employees who had fulfilled requisite qualifications of that post on which he was working on 30.09.2003 and condition of originally being appointed against the vacant post was deleted . In case of daily wagers Group ‘C and D’, only those daily wager employees could be regularized who had been engaged before 31.01.1996 and fulfill other conditions. As per the amended policy only those daily wagers, who completed 240 days in the last 03 years of service and had no break in service of more than 30 days were to be regularized.

As per record, the appellant did not complete 240 days in each calendar year and there was long break of more than 30 days at a stretch. The appellant worked from time to time in Kurukshetrea Forest Division as Casual labourer as per the availability of the plantation work. He did not fulfill the required conditions of Haryana Government policies dated 27.05.1993/18.03.1996/01.10.2003. He filed civil writ petition and prayed for regularization of his service but since he was not fulfilling the required conditions as per the policies of the Haryana Government, his services were not regularized. Ex D4 shows that as per calendar year 1993, 1994, the appellant did not complete 240 days of service. The appellant did not continuously work for 240 days. Further Ex D4 shows the details of work period of the appellant from the month of September, 2003. It further shows that the appellant did not work from the year 1997 up to year 2002. The total working period of the appellant for the year 1993, 1994, 1995, 1996, 2001

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RSA-5086-2011 (O&M)

and 2003 are 72 days, 43 days, 245 days, 93 days, 149 days and 83 days respectively.

The record prior to 1993 was not available with the department since the same was weeded out, vide order dated 14.01.1997. From the year 1993 up to 2003, the appellant did not complete 240 days in each calendar year. As per Haryana Government Policies, those daily wagers who had completed 03 years of service and worked for 240 days in each year without any break of more than 30 days at a stretch were to be regularized. The relevant period of 03 year for the policy dated 07.03.1996/18.03.1996 is 01.02.1993 to 31.01.1996. Except oral statement, the appellant could not produce any documentary evidence to prove that he worked continuously on daily wage basis from the date he started working.

Sandeep Singh was examined as DW1 who categorically stated that the appellant was given work on daily wage basis as and when engaged on seasonal basis and he did not work for 240 days in any calendar year. The appellant filed civil writ petition for regularization of his service, which was disposed of on 29.08.2003 with a direction to the respondent to take a decision on his legal notice by passing a speaking order. Thereafter, order dated 05.02.2004 (Ex P2) was passed by Divisional Forest Officer by stating that the appellant cannot be regularized since he did not complete 240 days in any calendar year. He challenged the said order by filing another civil writ petition, which was dismissed as withdrawn with a liberty to the appellant to approach the civil suit. Thereafter, he filed civil suit in the present case wherein he has challenged order dated 05.02.2004 (Ex P2). A perusal of the same shows that it is well reasoned order.

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In view of the above, I do not find any infirmity in judgment and decree dated 23.05.2009 passed by learned Addl. Civil Judge, Kurukshetra, as well as judgment and decree dated 29.09.2011 passed by learned District Judge, Kurukshetra and the same are upheld.

Accordingly, the present regular second appeal is dismissed .

Decree sheet be prepared accordingly.

Pending application(s), if any, also stand disposed of.

24.04.2026 (SUDEEPTI SHARMA) Gaurav Arora JUDGE

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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