IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Sr. No.593

CWP-17906-1999 (O&M)

Date of decision: May 19, 2022

Balbir Singh and Others

...Petitioners

Versus

The State of Haryana and Others

...Respondents

CORAM: HON9BLE MR. JUSTICE ARUN MONGA

Present:

None for the petitioners.

Mr. R.D. Sharma, Deputy Advocate General, Haryana.

*****

ARUN MONGA, J. (ORAL)

Petition was filed in the year 1999, inter alia, for issuance of a writ in

the nature of certiorari to quash order dated 30.7.1999 (Annexure P/4) whereby

claim of the petitioners for regularization after completion of two years of

contractual service was rejected.

2.

Petition has been lying admitted since 04.02.2002.

3.

When called out for hearing, there is no representation on behalf of

petitioners. It seems that by sheer effluxion of time and pendency of the writ

petition for more than 21 years before this Court, it has been rendered infructuous

and/or petitioners seem to have lost interest in pursuing the same.

4.

In any case, it appears that even on merits, claim of petitioners is not

admissible. Petition is based on the premise that the petitioners are entitled to

benefit of Instructions dated 23.03.1998 (Annexure P-3). However, what has been

given a complete short shrift in making such claim is that concededly, departmental

proceedings against the petitioners regarding an accident of the buses, which were

the offending vehicles at the relevant time, were initiated. Upon culmination

thereof, they were given benefit of their delinquency qua the said accident.

Thereafter, their services were regularized. There being cloud on the continuation

of the petitioner in service during the pendency of the disciplinary proceedings and

also they being on contract at the relevant time, the employer was well within its

discretion to keep the case of regularization pending and I see no infirmity in the

same.

In

any

case,

the petitioners

were

retained

in

service

by

giving benefit of doubt and therefore having already been dealt with leniently, they

ASHISH

2022.05.24 17:41

I attest to the accuracy and

integrity of this document

CWP-17906-1999 (O&M)

-2-

can not take double advantage of the same and seek benefit of regularization of

ante date which was rightly denied.

5.

In view of the aforesaid, no ground for interference is made out.

Petition is dismissed.

6.

Since the main case has been decided, pending civil miscellaneous

application, if any, also stands disposed of.

(ARUN MONGA)

JUDGE

May 19, 2022

ashish

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

ASHISH

2022.05.24 17:41

I attest to the accuracy and

integrity of this document