IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 4183 of 2009 Date of Decision: 18.3.2009 Kuldip Singh ---Petitioner Vs. State of Punjab & others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.K. Arora, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Petitioner was engaged as Vocational Teacher (Carpenter) on temporary basis vide appointment letter dated 8.11.1983 on the recommendations of Employment Exchange. His term of employment was allegedly extended from time to time with notional grades. The case of the petitioner was also recommended for regularisation in the years 1994 and 2003, however, no final decision has been taken thereon. The petitioner has accordingly filed this petition seeking regularisation. The issue relating to regularisation has been finally set at rest by the Hon'ble Supreme Court in case of Secretary, State of Karnatka and others Vs. Uma Devi (3) and others (2006) 4 SCC 1, wherein in para 53 following directions have been issued:- “ 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 CWP No. 4183 of 2009 -2- have been made and the 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 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 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 petitioner be considered in the light of the aforesaid directions within a period of six months. Disposed of as such. (PERMOD KOHLI) JUDGE 18.3.2009 lucky