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High Court of Punjab and Haryana · body

2025 DAILYLAW 52785 (PNJ)

ASHOK KUMAR v. STATE OF HARYANA AND OTHERS

CWP/12540/2025 · 2025-05-05

Jagmohan Bansal

body2025

Judgment text

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CWP-12540-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12540-2025 Date of Decision: 05.05.2025 Ashok Kumar ......Petitioner(s) Versus State of Haryana and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Naresh Kumar, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G., Haryana. **** JAGMOHAN BANSAL, J. (Oral) 1. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking direction to respondent to regularize him as he is working for almost 18 years against the vacant sanctioned post of Data Entry Operator. 2. The petitioner claims that he is working with respondent through out- source agency as Data Entry Operator for last almost 18 years. The respondent has made selection of regular employees, however, he was not considered for the post. Selection of regular employees has prejudiced his interest. He deserves to be regularized as per 2014 Policy of the State Government. 3. Ms. Rajni Gupta, Addl. A.G., Haryana submits that respondent has selected regular employees, thus, petitioner cannot claim post who was appointed Shivani Gupta 2025.05.06 10:19 CWP-12540-2025 2 through contractor. As soon as regular employees are selected, contractual employees are bound to leave. The petitioner consciously did not participate in the selection process. 4. The 2014 Policy framed by respondent is under consideration before Supreme Court and this Court has already set aside that policy. Thus, at this stage, respondent cannot be directed to consider petitioner as per 2014 Policy, however, respondent has implemented Haryana Contractual Employees (Security of Service) Act, 2024 (in short ‘2024 Act’) which is in force. Thus, respondents are hereby directed to consider petitioner’s claim as per 2024 Act. 5. In the wake of above findings, instant petition stands disposed of. 05.05.2025 (JAGMOHAN BANSAL) shivani JUDGE Whether reasoned/speaking Yes Whether reportable No Shivani Gupta 2025.05.06 10:19