Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Gulab Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer:
1. The petitioner has approached this Court under Article 226 of the Constitution of India seeking quashing of impugned order 27.05.2016 (Annexure P-2) and direct the respondents to restore the order dated 17.05.2016 (Annexure P-1) by regularizing the petitioner’s services w.e.f. 01.03.1997 with all consequential benefits.
Factual Matrix :
2. The petitioner was engaged as a Conductor in the Haryana Roadways during the strike period of December 1993. He joined duties on 07.12.1993 at Jind Depot and worked up to 20.12.1993. After the strike ended, his services were terminated on 21.12.1993.
3. Several similarly situated persons, who were engaged during the same strike period and whose services were also terminated, made representations to the authorities and even certain employees approached this Court, leading to directions for consideration of their claims. Pursuant thereto, the petitioner was re- appointed and joined service on 01.06.2004 and has continued in service since then.
4. The services of such re-appointed employees were regularized by the department from different dates. In the case of the petitioner, his services were initially regularize
Discriminatory denial of regularization and violation of Article 14 of the Constitution of India
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....
The acceptance of a regularization condition precludes the claim for retrospective appointment.
The right to regularization and associated benefits survives posthumously, enabling legal heirs to pursue claims based on wrongful termination and continuity of service.
Point of law : Petitioner herein did not put in 10 years of service under the respondent herein at any point of time. While that being so, the impugned order, placing reliance on G.O.Ms.No.22 and G.O....
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
