MALKIAT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE writ petition contains a prayer for regularization of services of the petitioner who was a cleaner in Punjab Roadways. He came by a favourable order of reinstatement from the Labour Court when he was terminated from service. The petitioner states that he was reinstated on 01.03.1990.

(2.) THE prayer in the writ petition is for regularization of services and for grant to the petitioner the equal pay with the regular staff. The prayer is placed on the decision of the Supreme Court in State of Haryana Versus Piara Singh directing regularization of services for persons, who had completed certain number of years of service. This judgment has been found in Secretary, State of Karnataka and others Versus Uma Devi and others - : 2006(4) SCC 1 that a mere length of service will not be sufficient to secure regularization. It, however, provided for a one time regularization in all cases where the persons had continued in service for more than 10 years and who had been recruited in terms of recruitment rules, if they had not been already regularized. The issue of regularization will, therefore, be a matter that will conform to the law laid down in Uma Devi's case, referred to above. The regularization cannot be as a matter of course by the only length of service. The prayer for regularization on such a basis cannot, therefore, be countenanced. This is not to state that if regularization has already been done during the pendency of the writ petition, it should be recalled and on the other hand, such regularization which could have come through application of any policy or in the light of the judgment of the Supreme Court in Uma Devi (supra) will prevail.

(3.) THE writ petition is dismissed, however, with an observation that this disposal ought not to be taken as disallowing a claim for regularization in the light of any policy or the decision of the Supreme Court that could have secured to him such a status.