C.W.P. No.9546 of 1989 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.9546 of 1989 Date of Decision:01.04.2010 Ram Pher son of Shri Gur Parshad and others .........Petitioners Versus Bhakra Beas Management Board, Madhya Marg, Sector 19, Chandigarh through its Chairman and others ....Respondents Present: None for the parties. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The case is of the year 1989 and there is no representation for either side at the time when the matter is called. 2. The petitioners No.1 to 13 seek for regularization of the scales of pay and for a direction against the respondents not to terminate their services. At the time when notice was issued on 27.07.1989, a Bench of this Hon'ble Court has directed status quo to be maintained with regard to service and through a subsequent order dated 09.11.1989, there has been a direction for continuance of status quo. The petitioners did not appear to have come by any harm subsequently, in view of the continuance of service which was permitted. 3. As regards the regularization, a bench of this Court by its order dated 30.10.1991 directed that the matter shall await the C.W.P. No.9546 of 1989 -2- decision of the Hon'ble Supreme Court in Piara Singh's case. Piara Singh's case was expressly over-ruled in Secretary, State of Karnataka Vs. Uma Devi and others 2006(4) SCC 1. The issue of regularization will not arise now other than how the Rules would permit or how the Constitution Bench itself provided for a one time relaxation of Rules for persons, who had continued in service for more than 10 years and whose continuance was without reference to any order of stay from the High Court or any other Court. 4. The petitioners' claim for regularization will have to therefore stand or fail by any express recruitment rules which are available to which the petitioner shall be bound. If the petitioners have already been regularized, nothing survives for consideration. If they have not been regularized, the petitioners will seek for such a relief in the light of the decision of the Hon'ble Supreme Court in Uma Devi's case (supra) and it shall be open for the respondent- management to take appropriate decision in the light of recruitment rules and in the manner in which the issue regarding relaxation has been considered by the Hon'ble Supreme Court in the aforesaid decision. 5. The writ petition is disposed of in the light of what is mentioned above. (K. KANNAN) JUDGE April 01, 2010 Pankaj*