JAGAR RAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner seeks parity with other co-workerrespondent No.4 herein who has been granted benefit of regularization in service while the petitioner has been denied the same on flimsy grounds. Facts of the case in brief are that the petitioner was appointed on daily wages on 03.08.1988 as Electrician Helper by the respondent No.3 (Education Board). Later on, without assigning any reason, his services were terminated on 31.03.1989 and aggrieved therefrom, he approached the Industrial Tribunal-cum-Labour Court, Hisar. Vide an award dated 03.02.1995, he was reinstated with continuity of service and full back wages with effect from the date of demand notice. However, the said award was challenged by the respondents by way of Civil Writ Petition before this Court. Vide an order dated 21.07.2014, the writ petition was disposed of in the following terms:-

(2.) After being reinstated as per orders passed by this Court (supra), the petitioner sought his regularization w.e.f. 01.02.1996 in view of the fact that his services were restored with benefit of continuity of service with other consequential benefits except his claim for back wages. The petitioner kept following up his case of regularization with the respondents. He has also been seeking parity with one Mr. Ved Parkash who is concededly junior to the petitioner and his services were regularized w.e.f. 01.02.1996. The petitioner, therefore, has been staking his claim with effect from the date his junior was regularized.

(3.) Having waited for a reasonable long period, the petitioner served a legal notice dated 15.02.2015 to the respondents for regularization of his services w.e.f. 01.02.1996. The same too did not yield any result which led to filing of a writ petition in this Court. The said writ petition was decided with the direction to the respondents to decide the legal notice by passing a speaking order within a period of 03 months from the date of receipt of a certified copy of the order. Pursuant thereto vide impugned order dated 18.11.2015 passed by respondent No.3-The Secretary, Board of School Education, Haryana, petitioner's claim to seek regularization w.e.f. 01.02.1996 was negated and his services were regularized w.e.f. 29.07.2011 (Annexure P-8).