B.P.JEEVAN REDDY - (1.) THE Judgment of the court was delivered by
(2.) THIS batch of special leave petitions are 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 Petition (C) No. 72 of 1988 [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. 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 orders passed from time to time. (Insofar as the State of Haryana is concerned, most of the Class III posts in the Education Department were kept out of the purview of the SSSB during the period 1970 to 1987. For a period of 10 years, it is stated, there was no Board in existence in the State. Only in March 1987, almost all the posts in Education Department and other departments were brought within the purview of the SSSB). As a result of the above policy, a large number of ad hoc employees came into existence in both the States, who were continuing over several years without being regularised and were agitating for their regularisation. To meet the situation, both the governments issued orders from time to time for regularisation of such employees subject to certain conditions. The orders issued by the government of Punjab are the following: JUDGEMENT_118_4_1992Html1.htm
(3.) THE orders issued by the government of Haryana are the following: JUDGEMENT_118_4_1992Html2.htm In pursuance of the above orders a number of persons who satisfied the conditions prescribed in each of those orders were regularised but many could not be. Their services could not be regularised for the reason that they did not satisfy one or the other of the conditions prescribed in the said orders. They were, however, allowed to continue in service. It is this category of people who approached the High court of Punjab and Haryana praying for issuance of writ, order or direction for regularisation of their service.;