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A.M.AHMADI, B.P.JEEVAN REDDY, KULDIP SINGH
State Of Haryana – Appellant
Versus
Piara Singh – Respondent
Question 1? Question 2? Question 3?
Key Points: - The judgment analyzes the validity and scope of High Court directions on regularisation of ad hoc/temporary employees, including work-charged, daily wagers, casual labour and others, in Punjab and Haryana. (!) (!) - It upholds certain Government orders (Punjab and Haryana) governing regularisation criteria (vacancy, sponsorship, qualifications, conduct, etc.) and invalidates blanket unconditional regularisation for all with one year/two years service. (!) (!) (!) - It endorses requiring eligibility conditions such as vacancy existence, recruitment through Employment Exchange or public advertisement, and proper departmental approvals for regularisation. (!) (!) (!) (!) (!) (!) (!) - It holds that fixation of specific dates for completion of prescribed service is not inherently arbitrary given the factual context, and that employment sponsorship and non-employment-entry through back doors are valid considerations. (!) (!) (!) (!) - It directs state schemes for regularisation, with differentiated treatment for categories (ad hoc, work-charged, casual/daily, workmen) and sets timelines for implementation and wage/seniority guidelines. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) - It declines blanket equal-pay directives and emphasizes executive policy framing to avoid disruption of regular recruitment. (!) (!) - It ultimately allows appeals and sets aside most High Court directions, maintaining that regularisation should follow state schemes while considering fairness and reservation policies. (!) (!) (!)
Judgment
B.P. JEEVAN REDDY, J.:- This batch of Special Leave Petitions is directed against the judgment of a Division Bench of Punjab and Haryana High Court in a batch of writ petitions, the first among them being Writ Petn. (C) No. 72 of 1988 : (reported in 1989 Lab IC 807) (Piara Singh v. State of Haryana). A large number of writ petitions arising from both the States of Punjab and Haryana were heard together and a common judgment delivered giving certain directions in the matter of regularisation of the ad hoc/temporary employees, members of work charged establishments, daily-wagers, casual labour and those engaged temporarily in temporary schemes. We have heard all the counsel appearing in this batch at quite some length.
Leave granted in all the Special Leave Petitions.
2. Over the last several years a large number of appointments were made to Class III and IV services in the States of Punjab and Haryana on ad hoc basis i.e., without reference to Public Service Commission or the Subordinate Services Selection Board and without adhering to employment exchange requirements. They were initially appointed for a period of six months or so but were continued for years together under o
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