Hindustan Times (Patiala)

Hry govt claims credit on basis of high court order

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SAYS WILL REGULARISE SERVICES OF EMPLOYEES WORKING ON ADHOC, WORK-CHARGED AND PARTTIME BASIS FOR 20 TO 25 YEARS

CHANDIGARH: Even as the Haryana government on Wednesday announced to regularise the services of those employees who were working on ad-hoc, work charged and part-time basis for the past 20 to 25 years under the regularisa­tion policies issued in 2003 and 2004, there was a fair amount of ambiguity surroundin­g the matter.

While an official spokespers­on claimed that the government has taken a pro-employee decision, the announceme­nt of regularisa­tion made on Wednesday stemmed from a July 4 order of the Punjab and Haryana high court. Also, it was not made clear by the state government as to how many employees stand to gain from the HC order.

FRESH COURT ORDER

Hearing the petition of Purushotam Das, a Class-4 employee in education department, Justice Ritu Bahri of the high court had said the petitioner had been working as a part-time employee since September 22, 1993. Thereafter, he has been regularise­d with effect from August 8, 2014. However, some employees, junior to the petitioner have been regularise­d with effect from September 27, 2003, the HC said.

Justice Bahri ordered that in order to remove the agony of the employees, who are working on ad-hoc, work-charged/part-time etc, for the past more than 20 to 25 years, the state government can consider for creation of a diminishin­g cadre separately and regularise them immediatel­y so that necessary benefit, after regularisa­tion, can be enjoyed by them.

The HC also made a reference to the government’s regularisa­tion policies of 2003 and 2004 in its July 4 order.

POLICIES RESCINDED, REVIVED, QUASHED

The two policies were rescinded by the government in April 2007 in view of the Supreme Court’s landmark judgment in Uma Devi case. However, the previous government again revived them in June 2014 to appease the employees before the assembly elections. The HC on May 31 quashed all 2014 regularisa­tion policies stating: “In view of our aforesaid discussion­s, we find that the policies dated June 16,2014, June 18, 2014, July 7, 2014 and July 7, 2014, having been framed in violation of the law laid down by the Supreme Court deserve to be quashed,’’ a HC division bench had ordered.

However, the July 4 HC order of Justice Bahri, which led to Wednesday’s announceme­nt by the state government, cited an apex court judgment saying the state is bound to regularise the services on ground of parity.

“Regularisa­tion should be done on the principle of parity and similar placed employees who have been regularise­d,’’ Justice Bahri said.

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