SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petition herein, inter alia, is for issuance of a writ in the nature of Certiorari for quashing order dtd. 9/7/2014 (Annexure P-10) whereby claim of the petitioners for regularization of their services was rejected. Further a writ in the nature of Mandamus has been sought seeking direction to respondents to regularize the services of the petitioners in view of the policies/ notifications issued by the respondents in the years 1999, 2003, 2011 or 2014 in whichever first policy the petitioners completed the required period as prescribed along with all other consequential.

(2.) Succinct factual background first. Petitioner No.1 along with petitioners No.2 to 4 joined the respondent-Department on the posts of Water Carrier and Sweeper, respectively, in the year 1995, on part-time basis. Petitioners approached this Court by way of CWP-15803-2001 for regularisation of their services, which was disposed of vide order dtd. 29/1/2001 (Annexure P-1) with a direction to the respondents to take conscious decision in the matter in accordance with law. Services of one Man Bahadur, junior to the petitioners were regularized on the post of Water Carrier w.e.f. 1/10/2003 vide order dtd. 30/3/2006 (Annexure P-2). Respondent No.3 vide letter dtd. 10/4/2007 (Annexure P-3), recommended the names of the petitioners to respondent No.2 for granting necessary sanction for regularization of services. Respondent-State issued notification dtd. 1/10/2003 (Annexure P-4) for regularization of services of Class C and Class D employees, which was amended vide notification dtd. 10/2/2004 (Annexure P-5). Thereafter another notification dtd. 29/7/2011 (Annexure P-6) was issued by the respondent-State for regularization of services of Group C and Group D employees/ workers appointed/ engaged on adhoc/ contract/ work charged/ daily wages and part time basis and who have completed ten years of service as on 10/4/2006. Vide order dtd. 10/2/2012 (Annexure P-7) passed in CWP-1169-2009, this Court directed the respondents to regularize the services of the petitioners therein w.e.f. the date their junior was regularized in same terms. Respondents did not take any action regarding regularization of services of the petitioners, therefore, legal notice dtd. 22/2/2012 (Annexure P-8) was served upon the respondents, in this regard. Petitioners, along with other co-employees, once again approached this Court by way of CWP-18737-2012 raising similar grievance of regularization of their services in view of policy/notifications issued by the respondents in the year 1999, 2003 or 2011. Said writ petition was disposed of vide order dtd. 20/9/2012 (Annexure P-9) directing respondent No.2 to consider and decide legal notice dtd. 22/2/2012. In compliance thereto, respondents decided the case of the petitioners and vide impugned order dtd. 9/7/2014 (Annexure P-10) rejected the same on the ground that services of the petitioners cannot be regularized they being illiterate since as per Haryana Police Department (State Service Group-D) Service Rules, 2000 (Annexure P-14), the qualification prescribed is 5th pass. Services of all other co-employees who filed the subsequent writ petition were regularized vide order dtd. 5/8/2014 (Annexure P-11).

(3.) I have heard competent contentions of the learned counsel for the parties and perused the record.