Civil Writ Petition No. 1200 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1200 of 1989 Date of decision: 3.9.2009 Balwan Singh ...petitioner Versus State of Haryana and others ...respondents. CORAM: HON'BLE MR. JUSTICE RANJIT SINGH ***** Present: None for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana for the State. ***** RANJIT SINGH J. The petitioner was appointed as Store Keeper in the office of Executive Engineer, Public Health Division, P.W.D. Yamuna Nagar, District Ambala. He was promoted as Store Keeper on work charge basis on 30.1.1986. With effect from 1.1.1987, the services of the petitioner were brought on the regular establishment. However, suddenly an order was passed by Superintending Engineer, Public Health Circle, P.W.D. Ambala on 21.12.1988 to deregularise the services of the petitioner. This order was passed in the absence of the petitioner and without affording any opportunity of hearing to him. When the order came to be passed, the petitioner had already completed 4 years and 7 months service. The petitioner was as such brought on regular establishment and this order was also entered in his service book. The petitioner was also informed that the services has been deregularised on the ground that the matter of his promotion from Store Munshi to Store Keeper is Civil Writ Petition No. 1200 of 1989 2 pending decision with the High Court and so his order of regularisation has been cancelled. The communication in this regard dated 10.1.1988 is at Annexure P-4. The petitioner had filed Civil Writ Petition No. 441 of 1988 for restraining the respondents from reverting the petitioner from the post of Store Keeper to the post of Store Munshi. He filed the present writ petition to seek regularisation of his services on the basis of instructions issued by Chief Secretary, Government of Haryana on the ground that he had completed 4 years or more continuos service on 31.12.1986. In this background, he also challenged the order deregularising his services on various grounds. It is stated in the reply that the petitioner was promoted as Store Keeper from the post of Store Munshi but later it was found that he did not possess the requisite experience for promotion prescribed in terms of circular dated 19.10.1981. Accordingly, he was reverted on 24.12.1987. The petitioner had challenged this reversion by filing Civil Writ Petition No. 441 of 1988, as already noticed above, which was admitted and pending. Keeping in view the instructions that all work charged employees who have completed 4 years service on 31.12.1986 may be regularised, the services of the petitioner were made regular as Store Keeper on 2.12.1988. While passing the order, it revealed that writ petition No. 441 of 1988 was pending before this Court and so the order deregularising the services/cancellation of the regularisation was passed. The impugned order is justified on this ground. This ground now no more would be available respondents. The petitioner has placed on record through civil Civil Writ Petition No. 1200 of 1989 3 miscellaneous application an order passed in CWP No. 441 of 1988. The said writ petition has been allowed and the order of reversion of the petitioner has been set aside on 22.4.2004. Once the order of reversion has been set aside, the reasons for which the order withdrawing the regularisation the service of the petitioner were made would no more remain in existence. The respondents thus would have legal obligation to consider the case of the petitioner for regularisation. Since the only reason which has led to the order withdrawing regularisation is no more available, the services of the petitioner may have to be regularised from the date an impugned order was passed. The writ petition is accordingly disposed of. Let this exercise be done by the respondents within three months from the date of receipt of copy of this order. September 03, 2009 ( RANJIT SINGH ) rts JUDGE