IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 6457 of 2009 Date of Decision: 8.4.2010 Nek Pal and others ---Petitioners Vs. State of Haryana & others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.S. Mamli, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. R.K.S. Brar, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. All the petitioners joined the respondent-department in the years as mentioned against their names in para 2 of the writ petition, on daily wage basis according to the D.C rates. Petitioners worked for 240 days in each year. They have been working as such for the last more than 10-25 years without any break. The State Govt. formulated a policy in the year 1993 for the regularization of such workmen who worked for 240 days in each year and have worked for 5 years continuously. The copy of Govt. Policy is placed on record as Annexure P-1. The claim of the petitioners for regularization of their services has not been considered by the respondents CWP No. 6457 of 2009 -2- and thus they have filed this petition seeking regularization of their services. The issue relating to regularisation has been finally set at rest by the Hon'ble Supreme Court in case of Secretary, State of Karnatka and others Vs. Uma Devi (3) and others (2006) 4 SCC 1, wherein in para 53 following directions have been issued:- “ 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 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 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 regularisation, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making CWP No. 6457 of 2009 -3- permanent, those not duly appointed as per the constitutional scheme.” Let the case of the petitioners be considered in the light of the aforesaid directions within a period of six months. Disposed of as such. (PERMOD KOHLI) JUDGE 8.4.2010 lucky