KARAMVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I propose to dispose of three writ petitions bearing CWP Nos. 5848, 5849 and 5850 of 2011 as common questions of facts and law are involved in the same. Prayer in these writ petitions is for consideration of the claim of the petitioners for regularisation in the light of the Policy Decision dated 01.10.2003 (Annexure P-8) on the ground that the petitioners are fully eligible under the said Policy Decision but still their services have not been regularised despite two persons, who were appointed after the appointment of the petitioners, namely, Vipin Kumar son of Sh. Daya Ram and Krishan Chand son of Sh. Diwan Chand, working in the same department as the petitioners stand regularized, thus, discriminating the petitioners qua these two employees and others, who were appointed subsequent to the appointment of the petitioners.

(2.) For convenience, facts are being taken from CWP No. 5848 of 2011.

(3.) Petitioner was appointed on daily wage basis as Peon on 10.03.1992 against a vacant post in accordance with law. Subsequently, the petitioner was appointed on ad-hoc basis and was granted the regular pay scale of the post of Peon vide order dated 12.06.1998. He continued as such till termination of his services vide order dated 09.06.1999. This order of termination was challenged by the petitioner through a reference before the Industrial Tribunal. Award dated 17.11.2005 was passed in favour of the petitioner holding him entitled to reinstatement in service with all consequential service benefits including continuity of service and full back wages. The termination of the services of the petitioner was held illegal, null and void. This Award passed by the Labour Court was challenged by the respondents through CWP No. 4571 of 2007 titled as Excise and Taxation Commissioner, Haryana and another Vs. Sh. Karamvir Singh and others, which was dismissed by a Division Bench of this Court on 30.03.2007 upholding the Award passed by the Labour Court in favour of the petitioner. The respondents thereafter, preferred Special Leave to Appeal (Civil) CC 13010 of 2007, which was dismissed by the Supreme Court on 09.01.2008. During the pendency of these proceedings, petitioner was not reinstated in service. He was taken back in service on 18.03.2010 (Annexure P- 7). It is not in dispute that from that date onwards, the petitioner is in service with the respondents.