IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 18770 of 1997 Date of Decision: 19.5.2010 Hoshiar Singh ---Petitioner Vs. State of Haryana & others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Dhiraj Chawla, Advocate for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) Petitioner, who is a physically handicapped person was appointed as Announcer on 21.12.1988 on ad hoc basis in Hisar Depot. There was a break in his service on 27.7.1989. He was re-engaged on 3.8.1989 on daily wages. Through the medium of this writ petition, petitioner is seeking regularisation of his 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 CWP No. 18770 of 1997 -2- 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 permanent, those not duly appointed as per the constitutional scheme.” Let the case of the petitioner be considered in the light of the aforesaid directions within a period of six months. Petition disposed of. (PERMOD KOHLI) JUDGE 19.5.2010 lucky