IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

207 Date of decision: 07.03.2025 MUNSHI RAM ......Petitioner VERSUS STATE OF HARYANA AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. R.K. Malik, Senior Advocate with Mr. Kartikey Chaudhary, Advocate for the petitioner.

Mr. Tapan Kumar, DAG, Haryana.

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VINOD S. BHARDWAJ, J. (Oral)

Challenge in the present writ petition is to the order dated

12.09.2014 whereby the regularization order issued in favour of the petitioner on 22.07.2014 w.e.f. 01.10.2003 had been withdrawn and revised instructions have been issued to regularize the services of the petitioner w.e.f. 07.07.2014, without affording any opportunity of hearing and without serving any Show Cause Notice.

2. Learned Counsel appearing on behalf of the petitioner contends that the petitioner was engaged as a Beldar with the respondent-Department in the year 1984 and that he continued to work with the respondents. The Government of Haryana issued a policy of regularization on 01.10.2003 to regularize the services of the Daily Wagers who had completed 03 years of service as on 30.09.2003. The respondent-authorities issued a memo No. 94 dated 18.07.2014 wherein it was specifically noted that the petitioner was eligible for regularization of his service under the notification of 01.10.2003.

The operative part of the memo No. 94 dated 18.07.2004 reads thus:-

Subject: Regularization of Group-B, C & D employee/workers as per Govt. Policy dated

16.06.2014 & 18.06.2014.

Reference Your office memo No.473 dated 01.07.2014.

In this connection it is submitted that as per Haryana Govt. General Administration department gazette notification No. 06/07/2014/14-S1 dated 18/06/2014 amendment are made in the Haryana Govt. General Administration Department (General Services-I) Notification No. C.S.R. 13/Cost./Art/309/2007 dated 13th April 2007 the following provision shall be added at the end namely:-

"Provided that the left over group "C & D"

employees working on Adhoc/contract /daily wages/work charged basis, who could not be regularized under the regularization Policy issued vide notification mentioned at Sr. No.1 to 4 above due to administration reasons but where otherwise eligible shall be regularized w.e.f. the date (s) they were eligible for regularization".

Accordingly, to the above said amendment Sh.

Munshi Ram S/o Sh. Ram Swaroop daily wages worker fulfilled the condition as prescribed in the gazette notification dated 01.10.2003. According to the condition in notification dated 01.10.2003 1.e, only such daily wages employees who have completed three years services on group-D post(s) as on 30th September 2003 shall be regularized against their respective group post(s) provided they fulfill the requisite qualification and were originally against vacant posts. Provided further they have worked for a minimum period 240days in each year and if the break in service of a daily wage employee(s) has been caused no fault attributable to him, such break period should be condoned unless it is of an extraordinary longer period. However, if the break in services has been caused due to fault of the employee like abandonment of employment, the Govt. may not Condon the same if the period of such break is more then break of 30days. Sh. Munshi Ram Beldar S/o Sh. Ram Swaroop was previously working under Provl. Divn. No.3 Rohtak. The photocopy of year wise detail of attendance previously prepared by Provl. Divn. No. 3 Rohtak is attached herewith. Now he is working under this sub division and no break in his service. He has fulfilled the condition for regularization of his service under notification dated 01.10.2003. It is recommended to regularize his service in view of notification issued by Haryana Govt. dated 18.06.2014.”

3. He submits that in pursuant to the said recommendation, order No. 28 dated 22.07.2014 was passed by the respondent-authorities whereby the services of the petitioner was regularized w.e.f. 01.1