Zakir Hussain vs State Of Haryana & Ors.

NIDHI GUPTA, J. (ORAL)

Present writ petition under Articles 226/227 of the Constitution of India has been filed by the petitioners for issuance of a writ in the nature of Mandamus directing the respondents to regularize the services of the petitioner on the post of Data Entry Operator on which they are working for more than 06 years; further prayer has been made for issuance of a direction to the respondents to pay the salary to the petitioner w.e.f. May, 2017 till date and further grant them all the consequential benefits w.e.f. the date they have completed 03 years of service.

It is pertinent to mention herein that vide last order dated 13.07.2026, the present petition was dismissed as withdrawn qua petitioner No. 1-Bijender S/o Sh. Ram Vilas.

In respect of petitioner No. 2-Zakir Hussain, learned counsel for the petitioner, inter alia, submits that petitioner No. 2 was appointed as Data Entry Operator on contract basis vide Appointment Letter dated 11.07.2013 (Annexure P-3). It is submitted that since the year 2013, the petitioner is working continuously and satisfactorily on the said post without any break in the respondent-Department. As such, petitioner has completed more than 10 years of satisfactory service in the respondent-Department. Therefore, in terms of the judgments of the Hon’ble Apex Court in Jaggo vs. Union of India and others, 2024 SCC online SC 3826 and Civil Appeal No. 1996 of 2024 titled as Madan Singh and others vs. State of Haryana, decided on 16.04.2026; the petitioner is entitled for regularization. It is further submitted that in the writ petition prayer has been made for regularization of the petitioner in terms of Policies dated 18.06.2014 and 14.08.2014 (Annexures P-5, Colly. and P-6, respectively) which have been upheld by the Hon’ble Apex Court in Madan Singh’s case supra.

Learned counsel for the petitioner submits that the petitioner would be satisfied at this stage if a direction is issued to respondents to consider and decide claim of petitioner No. 2-Zakir Hussain for regularization in a time bound manner, in view of law laid down by the Hon’ble Apex Court in Jaggo and Madan Singh cases’ (supra).

Learned counsel for the State submits that she has ‘no objection’ in case the prayer made by learned counsel for the petitioner at this stage, is accepted. It is also submitted by learned State counsel that the service tenure of the petitioner needs to be ascertained as to whether he has rendered continuous and satisfactory service to make him eligible for regularization.

After hearing learned counsel for the parties, without going into the merits of the present petition, the same is disposed of with a direction to the respondents/Competent Authority, concerned, to forthwith consider and decide the claim of petitioner-Zakir Hussain for regularization by passing a speaking and reasoned order, in accordance with law, within a period of 06 months from the date of receipt of a certified copy of this order, while keeping in mind the judgments passed by the Hon’ble Apex Court in Jaggo’s case (supra) as well as Madan Singh’s case (supra).

Pending application(s) if any also stand(s) disposed of.