IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 4894 of 2010 Date of Decision: 18.3.2010. Prem Chand and others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.S. Mamli, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.S. Kundu, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. The short issue in the present case is the claim of the petitioners for regularization of their services. The petitioners in this case were engaged on daily wage basis in the years as mentioned in the writ petition. It is stated that he has been continuing since then uninterruptedly. In the meantime, the State Govt. issued various policies right from the year 1993 for the regularization of the daily wagers. The petitioners have not been considered for regularization till date. Petitioners have, accordingly, approached this Court seeking a direction for his regularization on account of his uninterrupted continuous service. The issue of regularization has been considered by a Constitution Bench of 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. 4894 of 2010 -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.” Let the case of the petitioners be also decided in the light of the aforesaid directions within a period of six months. (PERMOD KOHLI) JUDGE 18.3.2010. lucky