C.W.P.No.5000 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.5000 of 2009 Date of Decision: 23.02.2010 Suresh Kumar & Ors. .....Petitioners Versus State of Haryana & Ors. .....Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Satish Chaudhary Advocate for the petitioners. Mr. R.K.S.Brar, Addl. A.G.Haryana. * * * Permod Kohli,J.(Oral) Petitioners were engaged as Peon, on the recommendations of the Employment Exchange in the year 1988 and later their services were terminated in the year 1994. The petitioners challenged the termination order in CWP No.7129 of 1995. This writ petition was allowed vide the order dated 07.12.2005 and termination order was set aside. Consequently, the petitioner's services were regularized as Class-IV employee in the pay- scale of Rs.2550-55-2660 EB-3200 plus usual allowances admissible to Haryana Govt. employees in accordance with the instructions of Chief Secretary to Govt. Haryana issued vide letter dated 18.03.1996. The petitioner's services have been regularized w.e.f. 31.01.1996 as per order dated 03.04.2006 (Annexure P-1). The petitioner's grievance is that the persons, who were also terminated and later reinstated, has been granted the benefit of regularization from an earlier date along with back wages. The petitioner accordingly, has filed this petition seeking to fix the regular pay-scale and seniority of the petitioner w.e.f. April, 1994 and also release the ACP and C.W.P.No.5000 of 2009 2 back wages as was granted to the persons junior to them. On being put to notice, respondents have filed written statement. In para 3 of the preliminary submissions of the written statement, reference is made to Mukh Ram and Inder Singh Class-IV, who were also appointed in compliance with the judgment dated 12.12.1996 passed in CWP No.14096 of 1995 and were regularized w.e.f. 31.03.1997. It is stated that these two persons have been granted the benefit of regularization w.e.f. 31.03.1997, the date of their actual joining. The petitioner claims to be senior to them. In the order dated 03.04.2006 (Annexure P-1), following two conditions have been incorporated:- “12. The seniority of this employee so regularized viz- service the class-IV employees have been determined w.e.f. 31.01.1996. 13. Financial benefit i.e pay and allowances has been given to him that is from actual date of joining as regular. The arrear of pay and other allowances for the period prior actual date of joining will not be allowed due to notional period.” From the above said conditions, it appears that the petitioners have been granted the benefit and regularized w.e.f. 31.03.1996 i.e date prior to Inder Singh and Mukh Ram, who were said to be juniors. In para 13, it is further provided that the financial benefit i.e pay and allowances has been granted to the petitioner from the actual date of joining as regular. Since the petitioners have been regularized w.e.f. 31.01.1996, they are deemed to have joined on the said date and are thus, entitle to the financial benefits as well. In view of the above circumstances, this petition is disposed of with a direction to the respondents to fix the seniority of the petitioner as C.W.P.No.5000 of 2009 3 class-IV employee w.e.f. 31.01.1996 and release the financial benefit to them w.e.f the said date within a period of four months. 23.02.2010 (Permod Kohli) Seema-II Judge