CWP No.4617 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4617 of 2009 Date of Decision: 20.04.2010 Bhagwat Kumar ........Petitioner Versus State of Haryana & others .......Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Charanji Lal, Advocate for the petitioners. Mr. R.S.Kundu, Addl. A.G., Haryana for the respondents. ****** PERMOD KOHLI, J. (ORAL) This order shall dispose of CWP No.4617 of 2009, CWP No.3223 of 2009, CWP No.7726 of 2009, CWP No.6625 of 2009, CWP No.1606 of 2009, CWP No.1580 of 2009, CWP No.3719 of 2009, CWP No.20911 of 2008, CWP No.20914 of 2008, as common questions of law and facts are involved in all these petitions. Petitioners were working on daily wage basis/on ad hoc/ on temporary basis in various capacities. They are seeking their regularization having rendered service for a considerable number of posts under various government instructions, issued from time of time. The issue relating to regularization has been settled by Hon'ble Apex Court in case of Secretary, State of Karnataka and Others Versus Umadevi and others (2006) 4 SCC-1, wherein it is held as under:- "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 CWP No.4617 of 2009 -2- employees have continued to work for ten years or more but without the intervention of orders 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 abovereferred 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." The claim of the petitioner is required to be considered in terms of the aforesaid directions. These petitions are accordingly disposed of with the direction to the respondents to examine and consider the respective claims of the petitioners for their regularization in view of the directions of Hon'ble Apex Court within a period of 6 months. Copy of this order be placed on record of each connected file. April 20, 2010 (PERMOD KOHLI) Gagan JUDGE