IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.2423 of 2011 Date of Decision : February 09, 2011. Paramjit Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.G.S.Chahal, Advocate, for Mr.I.P.S.Kohli, Advocate, for the petitioner. Ms.Monica Chhibbar Sharma, DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion to respondent No.1 only at this stage as the issue raised in this writ petition requires consideration by the State Government/Competent Authority. Mr.Monica Chhibbar Sharma, Deputy Advocate General, Punjab, accepts notice on its behalf. Let a copy of this writ petition be handed-over to the learned State counsel. Since the Punjab Mandi Board has already recommended for regularization of the services of the petitioner, there is no need to issue notices to respondent Nos.2 to 4 nor in view of the nature of order which I C.W.P.No .2423 of 2011 2 propose to pass, any counter reply from respondent No.1 is required at this stage. The petitioner seeks a mandamus to direct the respondent- Board to regularize his services as a Chowkidar in terms of the Government Policy dated 31.3.1994 whereby services of all those work- charge/daily wagers who had completed five years of service on or before 30.11.1994 have been regularized. The petitioner's grievance is that though he is working as a work-charge employee in the respondent-Board w.e.f. 1.6.1987 and fulfills the eligibility conditions laid down in the Government Policy, yet his services have not been regularized in a discriminatory manner. It may be mentioned here that the petitioner had approached this Court earlier also in Civil Writ Petition No.6339 of 2009 which was disposed of vide order dated 11.5.2009 with a direction to the Board- authorities to consider the petitioner's claim for regularization of his services as per his representations. Pursuant to those directions the Executive Engineer (JS) of the respondent-Board sent his recommendations dated 4.11.2009 (Annexure P-7) wherein it is duly acknowledged that the petitioner was initially employed on daily wages in April, 1983 and he worked as such till 21.5.1987 in Divisional offices at Ludhiana/Chandigarh. It has also been mentioned that w.e.f. 1.6.1987, the petitioner has been working on work-charge basis and as per the report of the Screening Committee, the petitioner's name falls at Sr.No.135 amongst the work-charge employees who were found eligible for regularization of C.W.P.No .2423 of 2011 3 their services. It is also categorically mentioned that the petitioner had completed seven years of service on the cut off date of 30.11.1994. On consideration of these recommendations, the Punjab Mandi Board vide memo (Annexure P-8) recommended to the State Government to accord sanction for creation of one post of Mali-cum-Chowkidar so that services of the petitioner could be regularized. The Executive Engineer (JS) of the Mandi Board has thereafter informed the petitioner vide memo dated 30.11.2009 (Annexure P-9) that his case has been referred to the State Government and on receipt of the approval that his services would be regularized. The petitioner has awaited for a period of more than one year but no such order to regularize his services has been passed so far. He has again approached this Court through this petition. Having heard learned counsel for the parties and taking note of the undisputed facts acknowledged by the Board-authorities in their above mentioned correspondence, it is apparent that the petitioner is serving as a Mali-cum-Chowkidar since April, 1983 and has already served the Board for about 28 years. It is quite unfortunate that even when the petitioner fulfilled all the eligibility conditions as on 30.11.1994, his services were not regularized. As mentioned earlier, the Board-authorities have already recommended the case of the petitioner to the State Government who is yet to come out of the slumber and consider the petitioner's legitimate claim. In the light of the facts noticed above, it appears that the petitioner cannot be left at the mercy of the respondents for an endless C.W.P.No .2423 of 2011 4 period. The respondent No.1 is accordingly directed to accord necessary permission for creation of one post of Mali-cum-Chowkidar within a period of one month from the date of receiving a certified copy of this order and respondent Nos.2 to 4 are directed to consider the claim of the petitioner for regularization of his services within a period of one month thereafter, from the due date with all the consequential benefits. Let a copy of this order be handed-over dasti to Ms.Monica Chhibbar Sharma, Deputy Advocate General, Punjab, for information and necessary compliance. Ordered accordingly. Dasti. February 09, 2011 (SURYA KANT) Mohinder JUDGE