1 S.B. CIVIL WRIT PETITION NO.4972/2004 (Kishan Singh vs. The Punjab & Sindh Bank & Anr.) Date of Order :: 05.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Rohitash Singh, for the petitioner. Mr.Rameshwar Chauhan, for the respondents. Heard learned counsel for the parties. By way of filing present writ petition, petitioner has prayed for direction to the respondents to pay 25% back wages to the petitioner while considering the revision in pay from 01st May, 1986 the date from which his services have been terminated by respondent Bank. Further it is prayed that respondents may be directed to regularise services of the petitioner from the date persons junior to him have been regularised by fixing him in the regular pay scale providing all consequential benefits to which he is entitled to. Learned counsel for the respondents submits that in para 11 of the reply, it is specifically stated that 25% back wages as per direction of the Hon'ble Supreme Court has been paid to the petitioner. Further it is stated that respondent Bank had made a payment of Rs.28,063/- vide draft No.601897/70/04 dated 12th January, 2004 against the back wages. As per respondents, petitioner is not entitled for regularisation also and 2 in support of his contention, learned counsel for the petitioner has invited attention of this Court towards the judgment reported in 2006 (4) SCC 1 (Secretary, State of Karnataka & Ors. Vs. Umadevi (3) & Ors. Upon perusal of the above cited judgment, more specifically para 53, it is obvious that Hon'ble Apex Court held that the question of regularisation of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above-referred to and in the light of this judgment. In that context, the Union of India, the State Government and their instrumentalities should take steps to regularise as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. In my opinion, respondents are under obligation to consider the case of petitioner for regularisation in accordance with para 53 of the above cited judgment of Umadevi's case. In this view of the matter, the first prayer with regard to payment of 25% back wages as ordered by the Hon'ble Supreme Court has been complied with by the respondents. 3 Further for the purpose of regularisation, I deem it just and proper to direct the respondents to consider the case of petitioner in the light of para 53 of the above cited judgment of Umadevi's case within a period of two months from today. With the above direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-