LAWS(P&H)-2016-2-4

RAMBAG AND ORS. Vs. KURUKSHETRA UNIVERSITY AND ORS.

Decided On February 01, 2016
Rambag And Ors. Appellant
V/S
Kurukshetra University And Ors. Respondents

JUDGEMENT

(1.) Rambag and Usha Yadav - petitioners have filed this petition for issuance of a direction to the respondent - Kurukshetra University, Kurukshetra to consider their claim for regularisation with all consequential benefits in the light of the policy dated 1.10.2003 (Annexure P -3).

(2.) The facts, as stated in the petition, are that petitioner No. 1 had initially joined the University in the year 1995 on the post of Common Room Peon in the office of Dean, Student Welfare on ad hoc basis for six months in the handicapped quota as he is 60% disabled. Similarly, petitioner No. 2 had initially joined the University on the post of Female Common Room Peon pursuant to advertisement dated 23.10.1992 (Annexure P -4). It is their case that they are continuing in service since the day of their initial appointment in the University.

(3.) The Government of Haryana had framed a policy for regularisation of services of ad hoc/contract/daily wage employees which was notified on 1st October, 2003 (Annexure P -7). As per this policy daily wagers who have completed 3 years service on 1.10.2003 were entitled to regularisation w.e.f. 1.10.2003. This policy was adopted by the University. The petitioners have asserted that services of many persons who were appointed on daily wages after them have been regularised by the University in pursuance of the aforesaid policy. Such instances have been mentioned in Annexure P -8. It is their case that they have not been given the same benefit and hence have been discriminated against without any justifiable reasons. The petitioners sought information under RTI which revealed that a large number of Class IV posts are lying vacant which includes forty posts of Peon, Peon -cum -securityman, Securityman -cum -Peon (Annexure P -9). It is also averred that case of the petitioners for regularisation was recommended by the Registrar of the University in the year 2006 vide office note dated 6.7.2006 (Annexure P -11), but still they have not been regularised. The University has regularized the services of many daily wagers, peons, Malis, etc. after the directions in CWP No. 7363 of 2012 titled 'Shiv Raj & Ors. vs. Kurukshetra University & Ors.' decided on 3.4.2013 in view of the policy dated 1.10.2003. But the said benefit has not been extended to the petitioners.