JOGA SINGH Vs. DIRECTOR, LOCAL BODIES, HARYANA

JUDGEMENT

(1.) Joga Singh and eight others, through present petition filed by them under Article 226 of the Constitution of India, seek writ in the nature of mandamus directing respondents 1 to 3 to regularise their services.

(2.) Petitioners herein were appointed through Employment Exchange on the post of either Octroi Moharir or Octroi Peon with Municipal Committee, Assandh. All of them had actually worked for 7 to 10 years as on the date when the present petition came to be filed way back in the year 1986. On the strength of years put in by them on their respective posts, as also in view of the Supreme Court judgment in State of Haryana v. Piara Singh, 1992 3 SCT 201, they seek regularisation of their services.

(3.) Even though notice of motion was issued on November 26, 1986 and the writ came to be admitted on April 16, 1987, till date no reply has been filed by the respondents. Even though that is the position available and in normal circumstances the relief asked for deserves to be given to the petitioners on the ground of non-traverse, learned counsel for the petitioners contends that inasmuch as the petitioners by now have put in service of about 20 years or so, in all probability, their services must have been regularised. If that might have not been done till date, all that he contends is that a direction may be issued to the respondents to consider the case of petitioners for regularisation of their services in view of the decision rendered by the Supreme Court in State of Haryana v. Piara Singh, 1992 3 SCT 201 and various instructions issued on that behalf from time to time. In view of the position explained above and the statement of learned counsel, a direction is issued to the respondents to consider the case of the petitioners for regularisation of their services in view of the judgment of the Supreme Court in Piara Singh's case , if an order to that effect has not been already passed.