BALDEV SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) On 01.03.1996, the petitioner was engaged as Tractor Driver by respondent No. 5 on daily wage basis. He was seeking regularisation on the basis of instructions dated 01.10.2003 (Annexure P-1) issued by the State Government on completion of more than 3 years of service on 30.09.2003. Vide instructions dated 10.02.2004 (Annexure P-2), the aforesaid instructions were amended and Clause D(8) was inserted, which prescribes that only those employees shall be regularised who had been engaged on work charge basis prior to 31.01.1996. Since the petitioner was engaged on 01.03.1996, i.e. after 31.01.1996, his services were not regularised, therefore, he filed the instant petition seeking quashing of Clause D(8) of the instructions dated 10.02.2004 (Annexure P-2), and for directing the respondents to consider his claim for regularisation in terms of the instructions dated 01.10.2003 (Annexure P-1). Today, when this case was taken up for regular hearing, learned counsel for the petitioner pointed out that in a similar petition (CWP No. 9708 of 2004, titled as Ajit Singh v. State of Haryana and others), which was decided on 04.02.2015, Clause D(8) of the instructions dated 10.02.2004 (Annexure P-2) has been struck down being illegal and arbitrary, while observing as under:-

(2.) Learned State counsel does not dispute this position. Thus, in view of the aforesaid decision, we dispose of this petition with a direction to the respondents to consider the claim of the petitioner for regularisation in accordance with the instructions dated 01.10.2003 (Annexure P-1), after hearing learned counsel for the petitioner, by passing a speaking order, within a period of five months from the date of receipt of a certified copy of this order.