(1) Delay condoned in filing special leave petitions and applications for substitution.

(2) Substitution applications are allowed.

(3) Applications for abatement do not survive and are dismissed as such in C. A. Nos. 4026 and 4030 of 2006,

(4) Leave granted.

(5) These appeals, by special leave, have been filed by the State of Punjab challenging the judgment and order of the High Court of Punjab and Haryana by which the writ petitions filed by the respondents were disposed of with certain directions regarding regularisation of their service and payment of salary.

(6) Learned counsel for the appellant has submitted that the issue of regularisation of service has been recently examined by a. Constitution Bench of this Court in Secretary, State of Karnataka v. Umadevi AIR 2006 SC 1806 [LQ/SC/2006/324] : (2006) 4 SCC 1 [LQ/SC/2006/324] : 2006-II-LLJ-722 and the doctrine of "equal pay for equal work" has also been examined in State of Haryana v. Charanjeet Singh AIR 2006 SC 161 [LQ/SC/2005/1022] : (2006) 9 SCC 321 [LQ/SC/2005/1022] : 2006-I- LLJ-431 and the judgment rendered by the High Court is not in accordance with law laid down in the aforesaid cases. Learned counsel for the respondent employees has, on the other hand, submitted that the Government of Punjab has announced a policy for regularisation of employees, whereunder the respondents are entitled to be regularised. Learned counsel for the appellant has not disputed the said fact but has submitted that regularisation of service can be done only in accordance with the conditions which are enumerated in the said policy and in terms thereof.

(7) Having considered the submissions made by learned counsel for the parties, we are of the opinion that the matter requires a fresh consideration by the High Court in the light of the decisions referred to above and other decisions of this Court and also the policy v issued by the Government of Punjab.

(8) The appeals are, accordingly, allowed and the judgment and orders under challenge are set aside. The matters are remanded back to the High Court for a fresh decision of the writ petitions. It is made clear that this Court is not expressing any opinion on the merits of the claim made by the employees concerned.