IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 6665 of 2009 Date of Decision: 4.5.2009. Ranjit Singh --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. J.P. Singh, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, DAG, Punjab has been asked to accept notice on behalf of respondents-State. With the consent of learned counsel for the parties, this petition is disposed of at the motion stage itself. The petitioner is seeking regularization of his services. He was appointed as a Cook on daily wage basis in District Jail, Ferozepur on 7.1.1991. It is alleged that he is continuing to work in the said capacity till date. The petitioner earlier served a written request. His name was also recommended by the Superintendent, Central Jail, Ferozepur to the Director General of Police vide communication dated 17.5.2007. The petitioner is also relying upon various policies issued by the State Govt. for regularization. The question of regularization has been finally set at rest by the Hon'ble Supreme Court in case of Secretary State of Karnatka Vs. Uma Devi reported as (2006) 4 SCC 1, wherein the following observations have been made in para 53 of the judgement: CWP. No. 6665 of 2009 -2- “ One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa R.N. Nanjundappa and B.N. Nagarajan and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of order of the courts or of tribunals. 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 Governments 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. The process must be set in motion within six months from this date. We also clarify that regularisation, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme.” In view of the above, this petition is disposed of with a direction to the respondents to consider the claim of the petitioner for CWP. No. 6665 of 2009 -3- regularization in terms of the aforesaid judgement as also the recommendations made by the Superintendent, Central Jail, Ferozepur referred to herein above within a period of six months from the date of receipt of certified copy of this order. (PERMOD KOHLI) JUDGE 4.5.2009 lucky