CWP No.7963 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7963 of 2009 Date of decision : 25-5-2009 Raj Kumar Singh and others ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. K.L. Arora, Advocate, for the petitioners. PERMOD KOHLI, J. (Oral) The petitioners were engaged as Pump Operators on daily wage basis in the year 1996 on the dates mentioned in Para No.2 of the writ petition. It is alleged that the petitioners were selected by adopting due process of selection by inviting the applications through Employment Exchange whereas some of the persons who were not selected by any process of selection have been regularized whereas petitioners have been denied the benefit of regularization. The petitioners have also served a legal notice but no decision has been taken thereon till date The issue of regularisation has been finally set at rest by the Hon'ble Supreme Court in case Secretary, State of Karnataka and Others Vs. Uma Devi and Others, reported as CWP No.7963 of 2009 -2- (2006)4 SCC 1 wherein the following observations has been made in Para 53 of the Judgement:- “One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa11, R.N. Nanjundappa12 and B.N. Nagarajan8 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 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 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 esnure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wages 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.” The petitioner claim that they are continuing in service CWP No.7963 of 2009 -3- uninterruptedly for the last 10 years and in view of the fact that the persons who were engaged without any selection have been regularised, their cases be considered in the light of the aforesaid observation of the Supreme Court within a period of six months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) 25-05-2009 JUDGE manju