- (1.) The applicant (respondent No. 2) seeks review of the order dated 21.3.2006 passed by this Court. Along with the application seeking review, the applicant has filed civil miscellaneous application for condoning 182 days in filing the review petition.
(2.) The petitioner Harjit Pal Kaur filed the writ petition for regularizing her service on the post she was working and to grant her all consequential benefits of running pay scale, annual increments and all other monetary benefits as were being paid to her counter-parts working in the schools run by the Punjab Government. The writ petition was disposed of as the matter stood covered by a Division Bench judgment of this Court in the case of Polu Ram v. State of Haryana,1991 4 RSJ 152. It was directed that the petitioner shall be permitted to continue on the post of Science Mistress till the said post was filled on regular basis by direct recruitment. It was, however, made clear that the petitioner would be entitled to the salary as mentioned in her appointment order (Annexure P-4). Besides, she would also be paid the difference between the salary actually received by her and the salary mentioned in her appointment order (Annexure P-4) during the period when she was paid out of the parent teachers' association fund.
(3.) Learned counsel for the applicant (respondent No. 2) has submitted that subsequent to the passing of the order by this Court on 21.3.2006 the matter with regard to the determination of rights of an employee working on ad hoc/daily wages/temporary basis for seeking regularization of his/her service has been decided by the Supreme Court in Secretary, State of Karnataka and others v. Umadevi and others, 2006 4 JT 420. It is, therefore, contended that in view of the said judgment the petitioner has no case for seeking regularization of her service. Besides, she has no legally enforceable right for absorption in the service. The service of the petitioner being purely on contract basis, it is contended, cannot be regularized. Accordingly, the order passed by this Court is liable to be reviewed.;