COCP No.2012 of 2008 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2012 of 2008 (O&M) Date of decision: November 16, 2009. Hukam Singh ...Petitioner(s) v. Shri Partap Singh ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri J.S. Maanipur, Advocate, for the petitioner. None for the respondent. Rakesh Kumar Garg, J. (Oral): As per the averments made in this petition, the services of the petitioner were not regularized and, therefore, he approached this court by filing CWP No.9468 of 2004, which was disposed of by this Court vide judgment dated 18.9.2004 with a direction to consider his case in terms of the law laid down by this Court in Dalip Singh v. State of Haryana, 1999 (1) RSJ 722. The claim of the petitioner was rejected. He filed COCP No.204 of 2005 in this Court. During the pendency of the aforesaid proceedings, the respondent produced a copy of the order dated 135 dated 15.12.2006 whereby the services of the petitioner were regularized with effect from 1.10.2003. Keeping in view the aforesaid fact, the contempt COCP No.2012 of 2008 -: 2 :- petition was disposed of by this Court vide order dated 23.12.2006 observing that the consequential benefits flowing from the order dated 15.12.2006, regularizing the services of the petitioner, shall be released in favour of the petitioner in due course of time but not later than three months. The grievance of the petitioner in the present contempt petition is that despite the aforesaid orders passed by this Court, the respondents have failed to release the benefits accruing to the petitioner upon his regularization. In response to the show cause notice issued by this Court, reply by way of affidavit of Shri Partap Singh, Divisional Forest Officer, Morni Pinjore Division, Pinjore has been filed wherein it has been submitted that the complete arrears/benefit of difference in salary in question have already been received by the petitioner vide Annexure R-1. The relevant para of the aforesaid affidavit reads as follows:- “That the contents of para 9 of the writ petition are admitted to the extent that the services of the petitioner was regularized vide order No.135 dated 15.12.2006 and the petitioner is entitled to the difference of salary between the daily wagers and the regular employees. He is deemed to be in service for all intents and purpose. It is important/pertinent to mention here that the petitioner was regularized vide order No.135 dated 15.12.2006 under the compliance of the orders of Government of Haryana issued vide No.7267-Ft-5-2006/33009 dated 15.12.2006 in which it was clearly mentioned that the worker will not be paid the COCP No.2012 of 2008 -: 3 :- salary for the period for which he has not worked for. A copy of the said order of Government of Haryana is already been supplied to the petitioner's advance (Annexure P-5). Accordingly the difference of salary between the daily wagers and the regular employees is already been released vide Voucher No.41 of 01/2007.”. However, learned counsel appearing on behalf of the petitioner has stated that the consequential benefits flowing from the regularization order have not been given to the petitioner. Be that as it may, in view of the aforesaid reply filed, this Court is not inclined to proceed further with this contempt petition. Rule discharged. However, the petitioner shall be at liberty to seek any other remedy available to him in accordance with law for redressal of his grievance with regard to alleged remaining consequential benefits. Disposed of. November 16, 2009. [ Rakesh Kumar Garg ] kadyan Judge