RAJ BAHADUR AND OTHERS Vs. HARYANA URBAN DEVELOPMENT AUTHORITY (HUDA) AND OTHERS
LAWS(P&H)-2016-3-191
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 10,2016

RAJIV KAUSHAL AND OTHERS Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) Through the present petition, the petitioners, who are serving as Beldars, seek quashing of order dated 11.11.2014 (Annexure P-6), through which, their claim for regularization of their services w.e.f. 01.10.1988 instead of 31.03.1993, has been rejected. It is the admitted position that the petitioners had sought regularization of their services w.e.f. 01.10.1988 instead of 31.03.1993 for the first time through legal notice dated 06.09.2014. The cause of action to seek regularization from an earlier date accrued in the case of the petitioners on 31.03.1993, on which date their services were regularized with prospective effect. In case, they sought regularization of their services with effect from an earlier date, they should have then and there taken up the issue and not accepted the same without any protest whatsoever. The issue cannot be allowed to be raked up after over 21 years, especially when there is no explanation for the delay on their part.
(2.) The present petition is clearly grossly belated and thus, requires to be rejected on this ground alone. The view expressed by me finds support from the recent judgment of this Court in CWP No.225 of 2015 titled as Satyabir and others Vs. State of Haryana and others, decided on 08.01.2015 wherein this Court while considering a similar issue and after referring to several judgments of the Apex Court as also this Court on the subject of delay, dismissed the petition which had been filed seeking regularization of services with effect from an earlier date after a delay of more than 03 years by holding as under :- "After hearing learned counsel for the petitioners and perusing the paper book, I do not find any merit in the submissions made. It is not in dispute that the services of the petitioners were regularised with effect from 29.7.2011. As their services were regularised in the year 2011, they felt satisfied. However, after more than three years of regularisation of their services, they filed the present writ petition on 7.1.2015, claiming regularisation in terms of policies dated 28.7.1994 or 1.10.2003, which is highly belated."
(3.) In view of the aforesaid facts and the settled position of law, the present petition is dismissed on the ground of delay and latches. No costs.;


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