Bijender Kumar vs State Of Haryana & Ors.

NIDHI GUPTA J. (Oral)NIDHI GUPTA J. (Oral)

Prayer in the present writ petition is for issuance of anPrayer in the present writ petition is for issuance of an appropriate writ, order orappropriate writ, order or direction, particularly a writ in the nature ofdirection, particularly a writ in the nature of Mandamus, directing the respondents to regularize the services of theMandamus, directing the respondents to regularize the services of theMandamus, directing the respondents to regularize the services of the petitioners on the respective posts being manned by them, along withpetitioners on the respective posts being manned by them, along withpetitioners on the respective posts being manned by them, along with all consequential benefits, in terms of the Policy/Notification datedall consequential benefits, in terms of the Policy/Notification datedall consequential benefits, in terms of the Policy/Notification dated 18.06.2014 (Annexure P18.06.2014 (Annexure P-12) issued by the State of Haryana and in12) issued by the State of Haryana and in view of the judgment dated 16.04.2026 (Annexure Pview of the judgment dated 16.04.2026 (Annexure Pview of the judgment dated 16.04.2026 (Annexure P-13) passed by the Hon’ble Supreme Court in Civil Appeal No.1996 of 2024 titledthe Hon’ble Supreme Court in Civil Appeal No.1996 of 2024 titledthe Hon’ble Supreme Court in Civil Appeal No.1996 of 2024 titled “Madan Singh and others vs. State of Haryana and othersMadan Singh and others vs. State of Haryana and othersMadan Singh and others vs. State of Haryana and others”.

It is, inter alia, submitted by learned counsel for the, submitted by learned counsel for the petitioners that the eleven petitioners were appointed on monthlypetitioners that the eleven petitioners were appointed on monthlypetitioners that the eleven petitioners were appointed on monthly basis against Groupbasis against Group-D posts of Assistant Pump Operator during theD posts of Assistant Pump Operator during the period from 2006 to 2009, as per the details given in para 2 at pageperiod from 2006 to 2009, as per the details given in para 2 at pageperiod from 2006 to 2009, as per the details given in para 2 at page 10 of the writ petition and Annexure P-8 of the writ petition. It is submitted that the petitioners have, thus, rendered more than 10 years of service and arepetitioners have, thus, rendered more than 10 years of service and arepetitioners have, thus, rendered more than 10 years of service and are entitled to consideration for regularization in view of the judgmententitled to consideration for regularization in view of the judgmententitled to consideration for regularization in view of the judgment passed by the Hon’ble Supreme Court in “passed by the Hon’ble Supreme Court in “passed by the Hon’ble Supreme Court in “Jaggo vs. Union of India and othersand others”, reported as 2024 SCC OnLine SC 38262024 SCC OnLine SC 3826. It is further submitted that, vide instructions dated 31.08.2021 (Annexure Psubmitted that, vide instructions dated 31.08.2021 (Annexure Psubmitted that, vide instructions dated 31.08.2021 (Annexure P-2), the designation of the post was changed to Multipurpose Health Worker.designation of the post was changed to Multipurpose Health Worker.designation of the post was changed to Multipurpose Health Worker. TheThe petitionerspetitioners werewere thereafterthereafter regisregisteredtered withwith HaryanaHaryana KaushalKaushal Rozgar Nigam Limited against GroupRozgar Nigam Limited against Group-D posts in the year 2022 andD posts in the year 2022 and Deployment Offer Letters, including those issued to petitioners No.1Deployment Offer Letters, including those issued to petitioners No.1Deployment Offer Letters, including those issued to petitioners No.1 andandand 2,2,2, have beenhave beenhave been placedplacedplaced ononon recordrecordrecord asasas AnnexuresAnnexuresAnnexures PPP-7 and P-8 respectively. Similar letters were isrespectively. Similar letters were issued to the remaining petitioners.sued to the remaining petitioners. Learned counsel submits that the petitioners were appointed againstLearned counsel submits that the petitioners were appointed againstLearned counsel submits that the petitioners were appointed against sanctioned vacantsanctioned vacantsanctioned vacant posts after following due procedure and haveposts after following due procedure and haveposts after following due procedure and have rendered more than 19 years of service. It is, accordingly, prayed thatrendered more than 19 years of service. It is, accordingly, prayed thatrendered more than 19 years of service. It is, accordingly, prayed that theirtheir claimclaim forfor reregularizationgularization bebe consideredconsidered inin thethe lightlight ofof thethe judgment injudgment in Jaggo’s case (supra).

Learned counsel for the petitioners further submits that,Learned counsel for the petitioners further submits that, at this stage, the petitioners would be satisfied if the present writat this stage, the petitioners would be satisfied if the present writat this stage, the petitioners would be satisfied if the present writ petition is disposed of with a direction to tpetition is disposed of with a direction to tpetition is disposed of with a direction to the respondents to consider and decide the representation dated 13.08.2026 (Annexure Pand decide the representation dated 13.08.2026 (Annexure Pand decide the representation dated 13.08.2026 (Annexure P-15) submitted by them, while keeping in view the judgment insubmitted by them, while keeping in view the judgment insubmitted by them, while keeping in view the judgment in Jaggo’s case (supra).case (supra).

Notice of motion.

Mr. Harish Kumar Nain, DAG, Haryana, accepts notice on behalf oon behalf of the respondents and submits that he has no objection iff the respondents and submits that he has no objection if the limited prayer made by learned counsel for the petitioners at thisthe limited prayer made by learned counsel for the petitioners at thisthe limited prayer made by learned counsel for the petitioners at this stage is accepted. It is, however, submitted that the service tenure ofstage is accepted. It is, however, submitted that the service tenure ofstage is accepted. It is, however, submitted that the service tenure of the petitioners would require verification to ascertainthe petitioners would require verification to ascertainthe petitioners would require verification to ascertain whether they have rendered continuous and satisfactory service so as to be eligiblehave rendered continuous and satisfactory service so as to be eligiblehave rendered continuous and satisfactory service so as to be eligible for regularization.for regularization.

After hearing learned counsel for the parties and withoutAfter hearing learned counsel for the parties and without expressing any opinion on the merits of the claim, the present writexpressing any opinion on the merits of the claim, the present writexpressing any opinion on the merits of the claim, the present writ petition is disposed opetition is disposed of with a direction to the competent authority tof with a direction to the competent authority to consider and decide the representation dated 13.08.2026 (Annexure Pconsider and decide the representation dated 13.08.2026 (Annexure Pconsider and decide the representation dated 13.08.2026 (Annexure P-15) submitted by the petitioners, by passing a speaking and reasoned15) submitted by the petitioners, by passing a speaking and reasoned15) submitted by the petitioners, by passing a speaking and reasoned order, in accordance with law, within a period of six months from theorder, in accordance with law, within a period of six months from theorder, in accordance with law, within a period of six months from the date of receipt of a certified copy of this order. While considering thedate of receipt of a certified copy of this order. While considering thedate of receipt of a certified copy of this order. While considering the claim, the competent authority shall also take into consideration theclaim, the competent authority shall also take into consideration theclaim, the competent authority shall also take into consideration the judgment passed by the Hon’ble Supreme Court injudgment passed by the Hon’ble Supreme Court injudgment passed by the Hon’ble Supreme Court in Jaggo’s case (supra), as well as the relevant policy/instructions(supra), as well as the relevant policy/instructions(supra), as well as the relevant policy/instructions applicable to the petitioners.petitioners.

Pending application(s), if any, shall stand disposed of.Pending application(s), if any, shall stand disposed of.