CWP No. 940 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 940 of 2009 DATE OF DECISION: August 16, 2010 Gurdev Singh .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. T.P. Singh, Advocate, for the petitioner(s). Mr. J.S. Puri, Addl. DAG, Punjab. AJAI LAMBA, J. (ORAL) 1. This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-6 dated 24.12.2008. The other prayer made is for issuance of a writ in the nature of mandamus directing the respondents no. 1 to 4 to regularize the services of the petitioner against a permanent post of Driver against which, services of respondent no. 5 have been regularized. 2. In the alternative, prayer made by the petitioner is that case of the petitioner for regularization of service be considered in terms of instructions Annexure P-5 dated 15.12.2006. 3. Perusal of order Annexure P-6 indicates that on the retirement of Hansa Singh on 31.12.2008, services of Ravinder Singh-respondent no. 5 CWP No. 940 of 2009 2 working on work charge basis were regularized w.e.f. 01.01.2009. Ravinder Singh, under the circumstances, was posted as a regular Driver in Bhakra Main Line Circle, Patiala. Learned counsel for the petitioner contends that the said Ravinder Singh, being junior to the petitioner, services of the petitioner were required to be regularized. 4. Learned counsel for the respondent-State, however, has pointed out that the petitioner swore an affidavit at the time of passing Annexure P- 1 that the petitioner shall not claim benefit of past seniority. 5. The petitioner very fairly has placed on record the affidavit sworn by the petitioner i.e. Annexure P-3 wherein, it has specifically been said by the petitioner that he shall not claim benefit of seniority in service and on the said condition, the petitioner be allowed to join Bhakra Main Line Circle, Patiala. On such undertaking having been given, the petitioner was transferred and posted against a vacant post in Bhakra Main Line Circle, Patiala vide order Annexure P-1. 6. Learned counsel for the petitioner very fairly states that in view of the stand taken by the petitioner in the year 1999, the prayer in the alternative be granted to the petitioner to the effect that the case of the petitioner be considered for regularization in terms of instructions Annexure P-5, the petitioner having completed more than 10 years of service. 7. Para no. 10 of the written statement filed on behalf of official respondents reads as under:- “10. That the contents of para No. 10 of the petition are wrong, hence denied. The petitioner was neither brought on regular cadre in SYL Project organisation nor in Drainage Circle, at Ferozepur. In CWP No. 940 of 2009 3 Bhakra Main Line Circle, Patiala the petitioner is not entitled to be brought on regular cadre because he has not so far completed 10 years service in this Circle. However, his case for regularisation will be considered on completion of 10 years work charge service in this Circle, but on availability of a regular cadre post in the Circle, office and also in any of the three divisions attached to this Circle. 8. Learned counsel for the respondent-State contends that in view of the stand taken by the respondents in para no. 10 of the reply that has been extracted above, a decision in regard to the regularization of service of the petitioner shall be taken within three months of today. 9 In view of the above, this petition is disposed of with directions to the respondents to take a decision in regard to regularization of service of the petitioner, the petitioner having completed more than 10 years on work charge basis in terms of instructions issued by the respondent-State. 10. Copy of the order be given dasti on payment of usual charges. 16.08.2010 (AJAI LAMBA) shivani JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?