C.W.P. No.9972 of 1997 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.9972 of 1997 (O&M) DATE OF DECISION : 30.11.2011 Dharam Bir PETITIONER VERSUS State of Haryana and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri G.C.Shahpuri, Advocate for the petitioner. Shri Harish Rathee, Senior D.A.G. Haryana. MAHESH GROVER, J. The petitioner who was working initially on daily wages with the Municipal Committee, Hodel was transferred on deputation basis to the Public Health Department. His services were regularised in accordance with the policy prevailing at that time, but subsequently by way of Annexures P-6 and P-7, his services were de-regularised on the ground that earlier the benefit of regularisation was given to the petitioner under an erroneous impression that in fact, the benefit of regularisation was intended for one Raj Kumar son of Devi Ram, which was given to the petitioner, because father's name of the petitioner is the same as that of Raj Kumar. It is pleaded that it is on account of this confusion that the mistake C.W.P. No.9972 of 1997 -2- had occurred. Learned counsel for the petitioner contends that before passing an order adverse to the petitioner which had the effect of taking away the benefit of regularisation from the petitioner, no opportunity was given to him at all. This fact is not denied by the respondents. On due consideration of the matter, I am of the opinion that the impugned order deserves to be set aside on this short ground alone, as the petitioner was not given an opportunity before the benefit which was given to him, was withdrawn. Ordered accordingly. The matter is remitted back to the respondents for passing a fresh order, who will take into consideration the totality of circumstances in which the petitioner is placed and also keeping in view the earlier precedents where similarly situated persons had been regularised. The petition stands disposed of. (MAHESH GROVER) November 30, 2011 JUDGE GD