An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.

JUDGMENT :

VINOD S. BHARDWAJ, J.

The present writ petition which was initially filed by Shyam Lal (since deceased) is now being pursued through his LRs Smt. Madhu Bala and Kanish Aggarwal, for seeking regularization of services under the policy of 07.03.1996 and 18.03.1996 (Annexures P-3 and P-4 respectively) and other consequential benefits since the benefit of regularization had already been granted to similarly situated persons who were junior to him.

2. Learned Counsel appearing on behalf of the petitioner contends that Shyam Lal (since deceased) was initially appointed as daily wager- Beldar in September, 1981 in the office of XEN, Provincial Division No-II, PWD (B&R), Hisar and he worked there upto June, 1992. He was thereafter transferred to the office of Executive Engineer, Provincial Division No. II, PWD (B&R), Sirsa in July, 1992 and he worked there upto October, 1994. The services of Shyam Lal were however illegally terminated by the respondents in November, 1994 against which an industrial dispute was raised. Reference No.2 of 1999 was eventually decided by the Industrial Tribunal-cum-Labour Court, Hisar vide Award dated 14.05.2002 and the following relief was granted.

“19. Sequel to the findings on above issues, this reference is hereby answered accordingly against the respondents department and in favour of the workman, to the effect that termination of services of Sh. Shyam Lal was neither in order, nor justified, he is entitled to reinstatement with continuity and with all other consequential services benefits with 25% back wages from the date of his demand notice dated 05.09.1997 till reinstatement.”

3. It is submitted that after the order of reinstatement, the deceased petitioner (Shyam Lal) was reinstated in service. During the aforesaid period of termination, the Govt. of Haryana had framed the policy for regularization on 18.03.1996 as per which those daily wager employees who had completed 03 years of service as on 31.01.1996 were entitled to be regularized. Shyam Lal (Deceased) accordingly sought the information about the juniors namely Jai Singh and Phool Chand, who were appointed as Daily Wagers in the year 1993 and 1992 respectively, and had been regularized by the respondents in terms of the said policy and thereafter submitted a representation to the respondents about regularization of his services, however, no action was taken by the respondents despite regular follow up. Shyam Lal (Deceased) eventually retired on 30.09.2015 awaiting a decision on regularization to be taken by the respondents. The instant writ petition was, thereafter, filed in the year 2016 for seeking the said benefit after sending the legal notice to the respondents to release his due and other retiral benefits. It is also argued by the Counsel for the petitioner that the action of the respondents in not granting the benefit of regularization and other consequential benefits is prima facie illegal and disregards the Award that has already been passed in favour of the petitioner whereby the benefit of continuity of service with 25% back wages had been awarded. He further submits that once the respondents did not dispute that a person junior to the petitioner stood regularized, there was no occasion for the respondents to deny the petitioner’s regularization. A reference is also made by the Counsel for the petitioner to the information that had been sought by the petitioner under the Right to Information Act and appended alongwith the present writ petition as Annexure P-12 and P-13 to establish that the persons who were initially engaged during the perio