Regularization Case in Punjab Haryana High Court

Last Updated on June 10, 2020 by Satish Mishra

This case covers service matter topic Regularization Case in Punjab Haryana High Court  Chandigarh where the respondents were ordered to regularize in their jobs immediately and also will be fully entitled to the perks of their new posting.

Through this post, we will make out that the right to regularization of a government job can also be classified as a constitutional right envisaged by the Constitution of India. We look at this scenario in light of the judgement passed by the Punjab-Haryana High Court in the case of Baljinder Singh and Anr v. State of Punjab and Anr on 20^th March, 2020.  The reader can access the full judgement by clicking on the affixed link herein below.

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Link – https://indiankanoon.org/doc/127312785/

Statement of Facts: Baljinder Singh and Anr v. State of Punjab and Anr

Date of Decision: 13^th March 2020.

CWP-19831-2018

Section: Article 14 of the Indian Constitution.

Chandigarh

The petitioner has filed the present petition seeking for the grant of regularization of their jobs in the government sector and their claim stand on the fact that the employer has granted sought benefits to other employers but the petitioners. The plaintiff’s decision to approach the court also stems from the fact that this court and the apex court have already given due recognition to this right in the recent past.

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The petitioners had applied for the post of the peons vide notification of the Punjab government dated 30^th August 2018. However, they were shifted more than twice during their initial tenure. The petitioner’s claim rests particularly on the decision of the Punjab Government through which it decided to regularize its jobs. Further, the requests of regularization made by nine other employees who were employed with these two petitioners for the exact same post and tenure were accepted by the Government. The petitioner avers that their requests were never heeded to by the government and in reply it gave some senseless reasons.

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Responding to these allegations the respondents stated that they were not able to consider petitioners’ requests because the model code of conduct was in place. In addition, it was stated that the petitioners had initially joined Government Polytechnic College, Moga and thereafter were transferred to another branch of the same college in District Mansa, owing to this their services could not be regularized as they had not completed the term of contract, which was required for consideration for regularization at the place of posting.

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The Court after hearing both the parties refuted all the responses given by the respondents on its baseless grounds. Firstly, it rejected the respondents claim of model code of conduct on the ground that the code of conduct is temporary in nature and they could’ve considered their requests, which are still not responded, once the CoC was lifted. Thereafter, the second stand was also refuted stating that that condition of the appointment and the fact that the transfer of the petitioners was on the basis of the order dated 15^th July 2014and the reason of they being transferred cannot be held against the petitioners in any manner.

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The decision of the court was based on the existence of Article 14 of the Constitution which particularly confers two set of rights on all person. Firstly, the equality before law and secondly, equal protection of the law. The article has been appended herein below:

“14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”

In light of this chain of reasoning given by the court, the rights of the petitioners of being treated equally conferred by Article 14 of the Constitution were recognised and the respondents were ordered to regularize their jobs immediately. Further, the court also clarified that the petitioners will be fully entitled to the perks of their new posting.

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For case specific advice on Regularization in Government job matters through Punjab Haryana High Court Chandigarh can contact best top writ Labour Service Matter Expert Lawyers in Chandigarh.

This post is written by Aniket Panchal

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