CWP No.21865 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 8.12.2010 Sanjay Kumar & Others ...Petitioners VERSUS Y.M.C.A. University of Science & Technology …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Jayoti Parshad Sharma, Advocate for the petitioners Permod Kohli, J. (Oral) Keeping in view the controversy involved, this petition is disposed of at motion stage without putting the respondents to notice. The petitioners were engaged as casual workers between the years 1983 to 2000. Details of which are given in paragraph 4 of the writ petition. Their grievance is that their services have not been regularized, despite the fact that they approached the respondents. This petition has been filed seeking a direction to the respondents to regularize the services of the petitioners. The issue regarding regularization has been set at rest by Hon'ble Supreme Court in a Constitution Bench judgment in the case of Secretary, Sate of Karnataka and others Vs. Umadevi and others, (2006) 4, SCC, 01. The relevant directions contained in the aforesaid judgment are reproduced CWP No.21865 of 2010 2 hereunder:- “53. 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 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 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 CWP No.21865 of 2010 3 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- passing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme.” In view of the above, this petition is disposed of with a direction to the respondents to consider the claim of the petitioners for regularization of services in accordance with the dictum of the above mentioned judgment within a period of three months from the date a certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 8.12. 2010 MFK CWP No.10585 of 2010 4