IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 797 of 2009(O&M) Date of decision: 18.2.2009 State of Haryana through Collector, Sirsa & others … Appellants. Versus. Suresh Kumar … Respondent THE HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Ajay Gulati, AAG Haryana, for the appellant. … ARVIND KUMAR, J: C.M. No. 2270-C of 2009: For the reasons mentioned in the application, the delay of 12 days in filing the appeal is condoned. RSA No. 797 of 2009: The present appellants are the defendants who have concurrently lost before the Courts below whereby the suit for declaration and mandatory injunction preferred by plaintiff, Suresh Kumar has been decreed. Plaintiff in his suit pleaded that he was appointed as Helper on 6.4.1989 on daily-wage basis and his services were regularized vide order dated 21.2.1995, whereas one Umed Singh, who was junior to the plaintiff, having been appointed on daily wage basis on 24.7.1991, the defendants regularized his services vide order dated 3.8.1992, much prior in time as that of the plaintiff. He also claimed parity with similarly situated employees whose services were regularized by the Department on completion of 240 days' service, which benefit was denied to him despite issuance of legal notice. Upon notice, defendant-department denied the claim of the plaintiff and defended its action. The suit, on contest, has been decreed by the trial Court vide judgment and decree dated 8.1.2008 thereby directing the defendants to regularize the services of the plaintiff on RSA No. 797 of 2009(O&M) -2- completion of his 240 days of continuous service and to fix the pay accordingly and further to pay him all arrears and other consequential benefits along with interest thereon at the rate of 6 per cent per annum from the due date till the date of final realization of the amount. Against the said judgment and decree, defendants preferred an appeal which was dismissed by the first appellate Court vide its judgment and decree dated 30.9.2008. Hence, the present second appeal by the defendants. The Courts while decreeing the suit of the plaintiff, as stated above, have concurrently found that since the other daily wagers who had joined as Helpers in Haryana Roadways were given the benefit of regularization of their services on completion of 240 days, the plaintiff could not be discriminated against in the matter of regularization of his services. Although it was found that the said employees earned this benefit after approaching this Court and the Hon'ble Supreme Court, but it was rightly observed while placing reliance upon a judgment of the Hon'ble Supreme Court in State of Haryana and another v. Dharam Singh in Special Leave to Appeal(Civil) CC 3815 of 2000 decided on 2.3.2001, and two judgments of this Court in Smt. Om Pati v. State of Haryana and others, 2007(1) Service Cases Today 294 and in Civil Writ Petition No.1437 of 1988 (Ishwar Singh v. State of Haryana and others) decided on 13.7.2005, that the defendant-department was duty bound to extend the same benefit to the plaintiff without forcing him to knock the doors of the Court. Nothing has been shown that the findings of fact so recorded by the Courts below suffer from any infirmity or are contrary to the record. No question of law, muchless substantial, arises in the present appeal. Consequently, the appeal being without any merit is hereby dismissed in limine. February 18, 2009 ( ARVIND KUMAR) JS JUDGE