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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Gaganpreet Singh – Appellant
Versus
Punjab State Grains Procurement Corporation Ltd – Respondent
| Table of Content |
|---|
| 1. factual background on the petitions. (Para 1 , 2) |
| 2. petitioners' arguments for regular pay scales. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's analysis and reasoning on regularisation rights. (Para 8 , 9 , 10 , 11 , 12) |
| 4. order for regularisation and entitlements. (Para 13) |
| 5. conclusion and directive for implementation. (Para 14) |
JUDGMENT :
HARPREET SINGH BRAR, J.
1. This common order shall dispose of the aforementioned civil writ petitions as they arise from a similar factual matrix. However, for the sake of brevity, the facts are taken from CWP-17191-2020.
2. The present civil writ petition(s) has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to grant regular pay scales of Rs.10,300– 34,800+Rs.4,400 (Grade Pay), all allowances and other consequential service benefits to the petitioners, in terms of their respective Regular Appointment Order(s) dated 29.12.2016 & 03.01.2017 (Annexures P-11 to P-11/Z) w.e.f. 29.12.2019 and 03.01.2020.
CONTENTIONS
3. Learned Senior counsel for the petitioners inter alia contends that the primary grievance of the petitioners as raised in the instant writ
Employees who have served continuously and satisfactorily in essential government roles have a right to regularization, regardless of the temporary labels on their employment.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Continuous long service in essential roles grants employees the right to regularization despite initial contractual labels, promoting equity in employment practices.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of service is the exclusive domain of the employer, and temporary and casual employees cannot seek regularization. Government orders come into effect from the date of issuance unless s....
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