C.W.P No. 6991 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 6991 of 2008 Date of decision : January 28, 2009 Hari Krishan Gopal Sharma, ...... Petitioner (s) v. State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Raman Sharma, Advocate for the petitioner. Mr.Harish Rathee, Sr. DAG Haryana for respondents No.1 to 3. Mr.Raman.B.Garg, Advocate for respondent No.4. *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J (Oral) The petitioner was appointed as Light Inspector on adhoc basis on 28.1.1980 in the office of the Municipality, Jagadhri. On 7.10.1980, his services were terminated. The petitioner raised an industrial dispute but his claim was rejected, vide award dated 9.12.1985. He impugned the said award before this Court by way of CWP No.3931 of 1986 which was allowed by judgment dated 6.5.1987 in the following terms :- “ For the reasons aforementioned, we set aside the C.W.P No. 6991 of 2008 ::2:: impugned award as also the order (Annexure P-3) whereby the services of the petitioner were terminated. Respondent No.1 is directed to take back the petitioner in service with full back wages forthwith.” Since the petitioner was still not paid all allowances, he filed COCP No.301 of 1988, which was disposed of by order dated 27.10.1988 in the following terms :- “ After hearing the learned counsel for the parties, I direct that the respondents shall comply with the order of the Division Bench dated 6.5.1987 by paying to the petitioner full back wages, which would mean the arrears of salary and all other allowances which were being paid to other employees similarly situated, and for further clarification which the petitioner would have drawn had his services not been terminated. This be done before March 1, 1989. Notice of motion stands discharged.” Thereafter, the petitioner was granted regular increments and also first higher standard pay scale of Rs.1200-2040/- w.e.f 1.1.1994 on completion of more than 10 years satisfactory service, in terms of the policy instructions dated 8.2.1994. Thereafter, he made a claim for the second ACP which has not been granted on the plea that formal order of regularisation of his services has not been passed. It is not disputed that the case regarding regularisation of services of the petitioner is pending with respondent No.3 since at least 14.7.2000 when the Secretary of the Municipal Committee, Chhachhrauli (where the petitioner was at that time employed) recommended the same. C.W.P No. 6991 of 2008 ::3:: Without going into the question of official apathy, as a result of which this case has been kept pending for the last almost 8.1/2 years, I dispose of this writ petition with a direction to respondent No.3 to pass necessary orders regarding regularisation of the petitioner, in terms of the judgment of this Court passed in CWP No.3931 of 1986 (supra) as well as the recommendation dated 14.7.2000 (Annexure P-7) within a period of three months of the receipt of a certified copy of this order. In case, the services of the petitioner are regularised, his claim for being placed in the Haryana Civil Services (ACP) Rules, 1998 shall also be decided within two months thereafter. ( AJAY TEWARI ) January 28, 2009. JUDGE `kk'