(1.) Piara Singh is a name which has become familiar with the service jurisprudence dealing with the subject of regularization. Uttam Singh is another name which has found recognition with the State of Jammu and Kashmir. On the basis of decision given in his case a circular enabling certain workers to seek regularization, has been issued. This circular makes mention of the view expressed in Piara Singh's case also. It is precisely for this reason, it would be apt to notice under what circumstances Piara Singh's case came to be decided.
(2.) Piara Singh moved High Court of Punjab and Haryana. A writ petition was preferred in the year 1988 This writ petition came to be decided and is reported as Piara Singh v/s State of Haryana, 1989 95 PunLR 396. Certain directions were given by the High Court of Punjab and Haryana. The State of Haryana was aggrieved, so was the State of Punjab. An appeal came to be preferred in the Supreme Court of India. The Supreme Court of India was of the opinion that the directions given to regularize the services of all those adhoc temporary employees who had continued for more than a year are difficult to sustain. This was because when these directions were given, these were given without reference to the existence of the vacancy position. The problem which it was likely to create, was noticed in para 33 of the judgment which stands reported as State of Haryana v/s Piara Singh, 1992 4 SCC 118. Ultimately, it was observed that the relief in such cases must be moulded in each case having regard to all the relevant facts and circumstances of that case. This relief has to be given in a judicious manner and not in a mechanical manner. As indicated above, the Supreme Court reversed the judgment of Punjab and Haryana High Court but at the same time, observed that there is a need to regularize all those adhoc and temporary employees who are eligible and qualified and hold a post and have continued in service satisfactorily for long period. It was observed that allowing a person to continue in service for a quite long period, does give rise to a presumption about need for a regular post. This was, however, a matter which was left to the discretion of the State Governments and they were supposed to frame some rules in this regard. Ultimately, what was said with regard to these adhoc and temporary employees in Government service in paragraphs 45 to 51 of the judgment is being reproduced below:-
(3.) As noticed above, the Supreme Court of India was also conscious of the difficulties of work charge and casual labourers and observed that:
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