SUMER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this petition, the petitioner is seeking direction to the respondents to consider his case for regularization of services from the date juniors to him has been regularized and grant all consequential benefits as he is fully eligible for regularization of his services under 1996/2003 policies.

(2.) The petitioner was appointed as Mali-cum-Chowkidar on daily wage basis on 01.05.1985. The services of petitioner were terminated by the respondents illegally on 01.06.1996. He raised an industrial dispute before the labour Court, Gurgaon. During the pendency of the reference before the labour Court, he was taken back into service by the respondent/management on 01.10.1999, as a result of which, he had given up his claim regarding back wages. Vide labour Court award dated 16.08.2000 (Annexure P-l), he was granted continuity of service. The award of the labour Court has attained finality. As per labour Court award(Annexure P-l), the continuity of service has to be considered w.e.f. 01.06.1996 till 16.08.2000. As per the RTI information sought by co-worker (Annexure P-7) about 100 employees have been regularized after the judgment of the Supreme Court passed in Secretary, State of Karnataka and others vs. Umadevi and others, (2006) 4 SCC1. Thereafter left over daily wagers approached the department for regularization and respondent No. 2-Principal Chief Conservator of Forest vide letter dated 10.02.201 l(Annexure P-8) issued direction to all Chief Conservator of Forest to send those cases in which regularization could be made prior to 10.04.2006 but due to some reasons, orders could not be passed. Respondent No. 3-Conservator of Forest vide letter dated 18.02.2013 (Annexure P-9) sent the case of the petitioner for creation of post for regularization. The petitioner has placed on record order of regularization of similarly situated employees (Annexure P-10 colly) where persons junior to him namely Kaushalya, Rajesh Kumar, Rajpal, Ramphal, Hira Lal and Mahender have been regularized.

(3.) A detailed legal notice dated 17.02.2017 (Annexure P-ll) was served upon the respondents but no action was taken by them and hence the present writ petition has been filed.