CWP NO.90 OF 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 7.1.2009 Kamaljit Singh ...Petitioner VERSUS State of Punjab and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.R.K.Dadwal, Advocate for petitioner Mr.B.S.Chahal, DAG, Punjab Permod Kohli, J. (Oral) Notice of motion. On the asking of this Court, Mr. Chahal accepts notice on behalf of the respondents. With the consent of both the counsel, this writ petition is disposed of at motion stage. The petitioner was appointed as Pump Operator on 2.6.1997 on being recommended by the Employment Exchange. The petitioner is serving since then. The petitioner has filed this petition seeking regularisation on the basis of Government policy dated 15.12.2006. The question of regularisation is finally settled by Hon'ble Supreme Court in the case of Secretary State of Karnataka and others Vs. Uma Devi (2006) 4 SCC 1 wherein following observations have been made:- “53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa, CWP NO.90 OF 2009 2 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 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 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 filed 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 by- CWP NO.90 OF 2009 3 passing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme.” Since the petitioner has served for a period of more than 10 years as on date, the case of the petitioner is required to be considered in terms of the aforesaid judgment. This petition is accordingly disposed of with a direction to the respondents to consider the case of the petitioner in the light of the observations made by Hon'ble Supreme Court in the case of Secretary State of Karnataka and others Vs. Uma Devi (supra) within a period of four months and pass resultant order. (PERMOD KOHLI) JUDGE 7.1.2009 MFK CWP NO.90 OF 2009 4