CWP No.4058 of 2002 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 17.05.2010 Ram Niwas Soni ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: RN Soni, petitioner in person. Mr.RS Kundu, Addl. AG, Haryana, for the respondents. PERMOD KOHLI, J. The father of the petitioner who was working as JBT Teacher had died in harness on 18.11.1974. Under the ex-gratia scheme, the petitioner was appointed as Clerk on 02.12.1974. The petitioner was put under one day break in service on 02.06.1975 and 03.12.1075 after every six months. Since the petitioner was Graduate, he was granted two advance increments vide order dated 22.12.1975. The petitioner also cleared English type test on 11.07.1986 and he was granted additional increment on 24.06.1991. He was also granted additional increment on completion of 18 years of service. In the year 1994, the petitioner also cleared Hindi type test. On 20.10.1994 the petitioner was allowed to cross the efficiency bar. On 28.10.1996 the petitioner was granted second Higher standard pay scale of Rs.1400-2600/- on completion of 20 years of service. The petitioner has filed the present writ petition for a direction to the respondents to condone the breaks in service of 12 days only and seeking regularisation from the initial date of appointment i.e. 02.12.1974. CWP No.4058 of 2002 2 The issue raised in the writ petitions is no more res integra. A similar issue came up for consideration before this Court in the case of Berkha Ram Vs. State of Haryana and others, (Amended CWP No.12053 of 1994) decided on 02.01.1997, wherein following observations have been made:- “It is true that the services of the petitioner as a daily wager were terminated on 01.06.1994. This termination was, however, in contravention of the instructions issued by the Engineer-in-Chief and it was by mistake that the services of the petitioner were terminated. Realising the mistake, the respondents took the petitioner back in service when he represented to them and this was done even before the notice of this petition was served on the respondents. This break cannot, therefore, be considered to deprive the petitioner of his right to have his services regularized in terms of the instructions dated 07.03.1996 read with the instructions dated 18.03.1996. If this break of two months and ten days is ignored, the petitioner is covered by these instructions and is entitled to be regularized in service. In the result, the writ petition is allowed and the respondents are directed to regularise the CWP No.4058 of 2002 3 services of the petitioner in terms of the aforesaid instructions. An order to this effect by the competent authority should be passed within two months from the date of receipt of a copy of this order. No costs.” The aforesaid observations are squarely applicable to the facts of the present writ petition. The petitioner is held entitled to the same relief. In view of the above, present writ petition is allowed. The respondents are directed to condone the delay of 12 days break in service of the petitioner and regularize his service from the initial date of his appointment. All consequential benefit be released to him within a period of six months from the date a certified copy of this order is made available to the competent authority. No costs. 17.05.2010 (PERMOD KOHLI) BLS JUDGE