IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

101 CM-9686-CWP-2025 in/&

CWP-22513-2014 (O&M)

Date of Decision :09.09.2025 Dhan Bahadur and others ...Petitioners Versus Union of India and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. Rishav Sharma, Advocate for the petitioners (joined through V.C.)

Mr. Ashish Rawal, Advocate for respondent-UOI.

Ms. Sukhmani Patwalia, Advocate for respondent-U.T. Chd.

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Harsimran Singh Sethi, J. (Oral)

CM-9686-CWP-2025 Present application has been filed for disposal of the main writ petition in view of the submissions made in the present application.

Notice of the application to the respondents.

Mr. Ashish Rawal, Advocate accepts notice on behalf of respondent-UOI and Ms. Sukhmani Patwalia, Advocate accepts notice on behalf of respondent-U.T. Chandigarh and raises no objection for the grant of prayer as made in the present application.

Keeping in view the averments made in the application, which are duly supported by an affidavit, application is allowed. Main writ petition is taken up for hearing for its disposal.

1. Present writ petition has been filed challenging the order dated 30.05.2015 (Annexure P/3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short, ‘the Tribunal’) by which, the claim raised by the petitioners for regularization of their services, has been declined.

2. Learned counsel appearing for the petitioners argues that the petitioners were appointed with the respondents starting from the year 2002 onwards and as of now, they have 23 years of service to their credit but their services are not being regularized by the respondents only on the ground that they were appointed on contract basis and there is no post available to regularize their services.

3. Learned counsel for the petitioners further argues that in the recent judgments passed by the Hon’ble Supreme Court of India in Civil Appeal No.14831-2024 titled as, Jaggo vs. Union of India & others, decided on 20.12.2024; C ivil Appeal No.8158-7179 of 2024 titled “Shripal and anr. Vs. Nagar Nigam, Ghaziabad” decided on 31.01.2025, Civil Appeal No.8558 of 2018 titled as Dharam Singh and others vs. State of U.P. and another decided on 19.08.2025, it has been held that the State being a welfare State has to look into the fact that where the employees are continuously working for a period of more than two decades, their services need to be regularized even if, the benefit of relaxation in qualification and creation of posts is to be done.

4. Learned counsel for the petitioners submits that keeping in view the said judgments as cited hereinbefore, this Court while passing order in CWP-26095-2021 titled as U.T. Chandigarh vs. Anju and others decided on 12.08.2025 wherein, the Union Territory, Chandigarh has opposed the similar direction given by the Tribunal to consider the claim of the similarly situated employees for regularization of their services, has already given a direction to regularize the services of the employees working with the Chandigarh Administration.

5. Learned counsel appearing for the respondent-U. T. Chandigarh though ,concedes the factum that the petitioners are working for the last more than two decades but submits that as they were working on a contract basis, no right accrues to them to claim the benefit of regularization of service and further in the absence of any regular post available for regularization of their services, the benefit of regularization could not have been given and the learned Tribunal has rightly appreciated all the facts and declined the claim of the petitioners for regularization of their services hence, the present petition may kindly be dismissed.

6. We have heard learned counsel for the parties and have gone through the record with their able assistance.

7. Firstly, it is to be seen whether the work which the petitioners are performing is needed on regular basis to run the establishment or