Mai Chand vs The State of Haryana and Others

K. Kannan, J.—The Petitioner was working as a Chowkidar and held the post without any break. The petition had been filed at the time when the workman was facing an imminent threat of termination of service and through the writ petition, sought for regularization of his services, he having worked for 2 years and 9 months. It appears that his termination was stayed by this Court and it continued till he died. The legal representatives of the workman have been added as parties.

The issue whether the workman was entitled to be regularized or not cannot survive consideration after his death. If this will have any meaning for grant of any particular benefits accrued only to regular workman then the issue of whether such regularization was possible or not must be governed either by the recruitment rules or in terms of the judgment of Hon''ble Supreme Court in Secretary, State of Karnataka and Others Vs. Umadevi and Others, . The said judgment itself provides that in the absence of any specific recruitment rules, the respective Governments could frame schemes for regularization as a one time measure for persons who had held the service for 10 years. Admittedly, the Petitioner at that time did not have 10 years experience. The said judgment excepts from the scheme of regularization such class of persons who continued in employment by the benefit of interim order secured from Courts. His continuance of service for all these years when the case had been pending cannot itself, therefore, offer a scope of regularization.

The writ petition is dismissed.