Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Hardev Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jagmohan Bansal, J.
As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-9455-2014.
2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking regularization.
3. The petitioner belongs to Backward Class. He passed middle examination in 1987. He was recruited as Home Guard/Volunteer by respondent on the basis of recruitment trial/test. He was recruited on 18.03.1992 subject to his character verification and medical examination. On the basis of report of character verification and medical examination, he was allowed to join on 06.04.1992. He was subjected to training and thereafter posted at different places. He was holding LTV Driving License and respondent assigned him duty of driver. He worked as Driver from June' 2009 to August' 2014. He thereafter was assigned duty of Gunman of Deputy Battalion Commander. In December' 2012, he participated in the recruitment process of regular Drivers. He could not succeed in the selection process, however, continued to work as Driver/
Long-term continuous service by volunteers necessitates regularization despite their designation, per the Supreme Court's jurisprudence.
Continuous service of Home Guards transforms their status from volunteers to de facto employees, entitling them to equal pay and benefits under constitutional principles.
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
The main legal point established in the judgment is the applicability of the principles of regularization of service as established in various judgments, including Umadevi, M.L. Kesari, Nihal Singh, ....
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
