IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHISH PAL – Appellant
Versus
KURUKSHETRA UNIVERSITY AND ANOTHER – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 26.02.2026 Shish Pal …..Petitioner Versus Kurukshetra University and another ....Respondents CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Present : Dr. Gulab Singh Narwal, Advocate for the petitioner.
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NAMIT KUMAR, J. (ORAL)
1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus, directing the respondents to regularize the services of the petitioner as per judgment dated 28.03.2019 of this Court passed in CWP-18494-2004 titled as ‘Pawan Rekha and others Vs. Kurukshetra University and others’ forthwith with all consequential benefits along with interest.
2. Learned counsel for the petitioner submits that the petitioner was appointed as Peon by the respondent-University on contractual basis on 05.02.1996, vide appointment letter dated 21.03.1996 (Annexure P-1), and thereafter, his contractual appointment was revised from time to time. He submits that the respondents arbitrarily and illegally terminated the services of the petitioner, vide order dated 08.11.2002 (Annexure P-7). He further submits that the Government of Haryana had issued policy decision dated 01.10.2003 (Annexure P-8), wherein it had been decided that all the daily wages/contractual employees, who had completed 03 years of service as on 30.09.2003 were entitled for regularization of their services and pursuant to the said policy decision, the petitioner made various requests and also served legal notice dated 23.12.2003 (Annexure P-9) upon the respondents to regularize his services, but to no avail. Thereafter, the petitioner approached this Court by filing CWP No.1967 of 2004 (Shish Pal Vs. Kurukshetra University and another) which was disposed of by this Court, vide order dated 05.02.2004 (Annexure P-10), with a direction to the respondents to decide the legal notice of the petitioner within a period of 04 months from the date of receipt of certified copy of the order. He further submits that the claim of the similarly situated persons has already been allowed by this Court in CWP-18494-2004 titled as ‘Pawan Rekha and others Vs. Kurukshetra University and others’, decided on 28.03.2019. Therefore, the petitioner is also entitled for regularization of his services in terms of the said judgment.
3. I have heard learned counsel for the petitioner and perused the relevant documents.
4. Admittedly, services of the petitioner were terminated, vide order dated 08.11.2002 (Annexure P-7). Thereafter, he served legal notice dated 23.12.2003 (Annexure P-9) upon the respondents to regularize his services in terms of Haryana Government Policy dated 01.10.2003 (Annexure P-8) but no action was taken on the same by the respondents. Consequently, the petitioner filed CWP No.1967 of 2004 (Shish Pal Vs. Kurukshetra University and another) which was disposed of by this Court, vide order dated 05.02.2004 (Annexure P-10), with a direction to the respondents to decide the legal notice of the petitioner, within a period of 04 months from the date of receipt of certified copy of the order. However, nothing has been stated in the petition that what order was passed by the respondents-University in pursuance to the order passed by this Court on 05.02.2004 and the present petition has been filed for issuance of directions to the respondents to regularize the services of the petitioner as per decision dated 28.03.2019 of this Court in CWP-18494- 2004 titled as ‘Pawan Rekha and others Vs. Kurukshetra University and others’, decided on 28.03.2019, whereby claim of the similarly situated persons was allowed. Once the services of the petitioner have already been terminated way back on 08.11.2002, he cannot seek regularization of his services after 23 years of his termination. Since there is an undue and unexplained delay in approaching this Court, therefore, the instant petition deserves to be dismissed on the ground of delay an
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