CWP No.15715 of 1997 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15715 of 1997 Date of Decision: 6.7.2010 Barsati and others ……Petitioners VERSUS State of Punjab and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Santosh Sharma, Advocate for Mr. Akshay Bhan, Advocate for the petitioners. Mr. Satish Bhanot, Addl. A.G., Punjab. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed seeking regularization of the peti- tioners in services from the initial date of appointment with all conse- quential benefits. 2. Brief facts of the present case are that petitioners were daily wagers and were working as IVth Class employees in Deer CWP No.15715 of 1997 -2- Park, Patiala; they have completed 20 years of service as daily wa- gers employees; State Govt. issued instructions dated 20.1.1995 (Annexure P-1) whereby Govt. had taken the decision to regularize all work charges employees/daily wagers who were working in vari- ous departments of the Government; Respondent no.3 on 17.11.1995 pursuant to the policy decision of the Govt., regularized services of those employees who had served for more than 5 years as daily wagers in view of the decision of the Supreme Court in Piara Singh’s case; on 4.3.1996 employees union of petitioners repre- sented to the respondents demanded regularization of the services of the petitioners; daily wagers working at Chhatbir Zoo, Tehsil Rajpura, Distt. Patiala instituted CWP No.10111 of 1988 for regularization of their services.; this Court vide order dated 15.9.1994 (Annexure P-4) directed to regularize those employees who had completed five years of service as daily wagers in view of Supreme Court’s judgment in Pi- ara Singh’s case; thereafter State Govt. vide order dated 15.12.1995 (Annexure P-5) regularized services of the daily wagers working in the Chhatbir Zoo in compliance of the order dated 15.9.1994; peti- tioners also preferred writ petition in CWP No.10209 of 1996 before this Court seeking their regularization from the initial date of appoint- ment with all consequential benefits; the said petition was disposed of on 17.7.1996 with the direction that respondent No.3 would take decision on the alleged representation within three months; respon- CWP No.15715 of 1997 -3- dent no.3 thereafter on 24.12.1996 had rejected the representation; hence the present writ petition. 3. Reply had been filed by the respondents. The main con- tention taken by the respondents was that Screening Review Com- mittee had recommended regularization of the services of those em- ployees who had continuously serving for more than 10 years. It was further contended in the reply that petitioners neither completed con- tinuous 10 years service nor worked for 240 days continuously in every year. 4. Learned Counsel for the petitioners vehemently argued that similarly situated daily wagers of Chhatbir Zoo got regularization vide order dated 15.12.1995, while same benefit was wrongly denied to the petitioners. 5. Learned Addl. Advocate General, Punjab argued that now in view of the dictum of Apex Court in the matter of Secy., State of Karnatka vs. Uma Devi and others , reported in 2006(4) SCC 1 petitioners have no right to seek regularization. It is further argued by learned Addl. Advocate General, Punjab that order passed by the Supreme Court in Piara Singh’s case is no longer a good law in view of the judgment in the matter of Secy., State of Karnataka (supra). Order passed by this Court in CWP No.10111 of 1988 dated 15.9.1994 in the matter of daily wagers working at Chhatbir Zoo plac- ing reliance on Piara Singh’s case can not be extended in the benefit of the petitioners. CWP No.15715 of 1997 -4- 6. There is nothing on record to show that petitioners were appointed after notifying the vacancies and after adopting uniform principles of appointment. Hon’ble Apex Court in para 54 in the mat- ter of Secy., State of Karnataka (supra) has clarified that any deci- sion which run counter to the principles settled in this decision will stand denuded of their status as precedents. 7. This Court is of the view that no benefit can be extended to the petitioners pursuant to the judgment of Apex Court in Piara Singh’s case or judgment of this Court passed in CWP No. 10111 of 1988 decided on 15.9.1994 in the matter of daily wagers working at Chhatbir Zoo. 8. Since, petitioners claim themselves regularly working for more than 20 years, hence, in view of the observation of the Apex Court in the matter of Secy., State of Karnataka in paragraph 53, State is expected to take one time step. However, learned Counsel for the petitioners could not place any law, rule or regulation permit- ting the regularization. Hence, this Court is not inclined to issue any mandamus. 9. Petition is devoid of merit, hence, is dismissed. ( ALOK SINGH ) 06th July, 2010 JUDGE ashish