SANT LAL ANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sant Lal Anand through present petition filed by him under Articles 226/227 of the constitution of India, seeks a writ in the nature of certiorari so as to quash order, Annexure P-4, vide which he was reverted to the post of Tehsil Sanitary Inspector and posted at Primary Health Centre, Bawal, District Mohindergarh with immediate effect. The facts of the case need to be noticed first.

(2.) Petitioner was appointed as Sanitary Inspector Class III non-gazetted post on regular basis through the Subordinate Service Selection Board, Haryana in the Health Department of the erstwhile State of Punjab in May, 1963 and he worked in that capacity upto September, 1978. He was allocated as Sanitary Inspector to the State of Haryana on November 1, 1966 provisionally and later on his final allocation was made. He applied for the post of Government Food Inspector through Chief Medical Officer, Karnal in response to a circular issued by the Director, Health Services, Haryana to all the Chief Medical Officers in the State with a direction to bring to the notice of all the Sanitary Inspectors working under their control for the filling up of the post of Government Food Inspector. This circular was issued after getting nonavailability certificate from the Employment Exchange, Haryana. Petitioner applied for the said post as, according to him, he fulfilled all the qualifications. He was selected for the post under contention and was so informed by letter dated August 23, 1978. It is stated that he was selected by the Selection Committee. However, his appointment was made for a period of six months or till a candidate recommended by the Subordinate Service Selection Board was to join, which ever was earlier. He joined on August 27,1978 and continued working as Govt. Food Inspector even after the expiry of six months. However, he was reverted from the post of Govt. Food Inspector to Sanitary Inspector on February 27, 1980. Aggrieved, he filed a representation to the State Government which in turn directed the Director, Health Services, Haryana to re-appoint him as Govt. Food Inspector vide letter dated July 21, 1980. He, thus, continued to work from July 21, 1980 to April 18,1984 when once again he was reverted to the post of Tehsil Sanitary Inspector. It is this order, as indicated in the earlier part of the judgment, which has been challenged in this petition.

(3.) The relief asked for by petitioner has been contested by the respondents in the written statement filed on behalf of respondent Nos. 1 to 3.