IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5950 of 2011 Date of decision : 04.04.2011 Ram Niwas and others … Petitioners Versus Union of India and others …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.Sanjiv Gupta, Advocate , for the petitioners. Permod Kohli, J. Notice of motion. Ms.Charu Tuli, Sr.DAG, Punjab who is present in the Court accepts notice on behalf of the respondents. Keeping in view the nature of relief claimed and with the consent of the parties, this petition is being disposed of at the motion stage, without insisting for the reply. Petitioners are working on various Class IV posts with the respondents, having been engaged in the years 1976 to 1988. It is stated that at the time of their engagement as Class IV employees, no qualification was prescribed. However, the respondents have now issued a communication dated 21.9.2010 vide which educational qualification for recruitment to all the class IV posts has been raised to Matriculation / ITI by the Government on recommendation of 6th Pay Commission. It is the case of the petitioner that in view of this communication, petitioners are not being considered for regularization for want of necessary qualification. It is further contended that this communication is not applicable so far as the petitioners are concerned, who were engaged between the period 1976 to 1988. It is further contended that respondents have denied the rights of regularization to the petitioners on the basis of the aforesaid communication. Learned counsel for the petitioner further stated that in view of the above communication, services of the petitioners are being dispensed with. Petitioners have even made a representation (Annexure P-7) in this regard but no action has been taken thereon so far. CWP No.5950 of 2011 [2] In view of the above submission, this petition is disposed of with a direction to respondent no.2 to take decision on the representation of the petitioner (Annexure P-7) within a period of three months from the date of receipt of a certified copy of this order. Till the representation (Annexure P-7) is decided,’ services of the petitioners shall not be dispensed with. Needless to say, in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. Petitioners shall be at liberty to approach this Court if aggrieved ( Permod Kohli ) Judge 04.04.2011 sd