High Court directs Punjab to regularise service of jail warder who died 10 years ago

The Punjab and Haryana High Court recently directed the state government to regularize the employment status of Shingara Singh, a jail warder who passed away in 2016 after serving the government ad hoc for nearly 27 years. Shingara Singh was appointed to his position on November 7, 1989, and worked continuously until his death on November 11, 2016. Despite his extensive service, the government had not granted him any benefits, including pension or retirement dues.

The court ruled that the delay in regularizing Shingara Singh's employment could not negate the rights he had earned during his lifetime. Justice Sandeep Moudgil ordered the state to calculate and release all relevant benefits, including family pension and other retirement benefits, with 6% annual interest. Shingara Singh's widow, Kashmir Kaur, had challenged the government's decision in court, arguing that she was entitled to the benefits due to his long-standing service.

The court dismissed the state's argument that regularizing Shingara Singh's employment after his death was not possible. It stated that the real issue was whether the deceased had acquired an enforceable right to regularize during his lifetime, which the respondents had failed to recognize. The court found that the state had not produced sufficient records to support its claim that Shingara Singh had not appeared before the departmental committee established in 2003.

The bench concluded that denying Shingara Singh's right to regularize based solely on his posthumous status would be unjust and inconsistent with legal principles.