C.W.P.No. 10754 of 1993. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 10754 of 1993. DECIDED ON : 8.12.2009. Jai Dev Chowkidar and another Petitioners. VERSUS State of Haryana and others. Respondents CORAM : HON'BLE Mr. JUSTICE PERMOD KOHLI. Present:- Mr. R.K.Malik, Sr. Advocate, with Ms. Renu, Advocate, for the petitioners. Mr.Ravi Dutt Sharma, DAG,Haryana. PERMOD KOHLI,J. Petitioner No.1 was appointed on daily wages on 1.12.1986 and petitioner No.2 was appointed on 1.5.1987. It is alleged that there is no break in service since then. In the meantime, the State of Haryana, issued policy dated 31.3.1993 for regularization of services of daily wagers. The petitioners filed this writ C.W.P.No. 10754 of 1993. 2 petition seeking regularization having rendered more than five years' period required for regularization in terms of the aforesaid policy. Petition is pending since then . The question for regularization is now set at rest by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka and others Vs. umadevi and others, 2006 (4) The Supreme Court Cases, page 1 wherein the Hon'ble Supreme Court had issued the following direction in para No. 53 which reads as under:- “ 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 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 regularization 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 C.W.P.No. 10754 of 1993. 3 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 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 regularization, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further by passing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme.” This petition is disposed of with a direction C.W.P.No. 10754 of 1993. 4 that the petitioners' claim for regularization considered in the light of above directions within a period of six months, if not already considered. 07.12.2009. (PERMOD KOHLI ) Anoop JUDGE