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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Ram Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
1. The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 31.10.2012 (Annexure P-7) alleging the same to be discriminatory, arbitrary and against the rules of natural justice.
2. The petitioner has sought regularization as per the policy of 1996 from the date his juniors were to be put on regular establishment alongwith all consequential benefits with interest for the delayed period.
3. Learned counsel for the petitioner submits that the petitioner was initially engaged as a daily-wage Chokidar on 01.05.1978 with the respondent/ department and has been continuously serving across various divisions. The details of such engagement and service have been set out in tabulated form in paragraph 2 of the writ petition, which merit consideration and are reproduced hereinbelow:
| Sr. No. | Name of Officer | From | To |
| 1. | Provisional Division No.1 PWD B&R Kurukshetra. (Pehowa Sub Division Pehowa) | 01.05.1978 | 28.02.1982 |
| 2. | Mandi Division B&R Panipat | 01.05.1982 | 31.10.1982 |
| 3. | Provisional Division No.1, Panipat | 01.11.1982 | 31.05.1985 |
| 4. | Provisional Division Kaithal. | ||
The right to regularization and associated benefits survives posthumously, enabling legal heirs to pursue claims based on wrongful termination and continuity of service.
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
The court established that continuous service post-reinstatement qualifies an employee for regularization, despite prior court intervention.
The court affirmed that prolonged employment of daily wagers without regularization constitutes unfair labor practice, necessitating their regularization under the Industrial Disputes Act.
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....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
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