- (1.) This appeal is by the plaintiff Subhash Chander against the judgment and decree dated 7.12.1988 of the Additional District Judge, Sirsa, whereby the appeal filed by the defendant-State of Haryana and others was allowed and the suit filed by Subhash Chander was dismissed. The trial Court on 18.1.1988 had decreed the suit.
(2.) The brief facts of the case are that Subhash Chander was appointed as a clerk on ad hoc basis in the office of Executive Engineer, Sirsa Division on six months basis on 6.1.1982. He continued working there and vide order dated 14.8.1984, his services were terminated in order to appoint Hoshiar Singh whose father Bhale Ram was also working in the Rori Sub Division and who died while on duty. The plaintiff challenged his termination by filing the present suit. In the plaint it was averred that he was an ex-serviceman and the post to which he was employed was reserved for ex-servicemen and his services could only be terminated to accommodate some other ex-servicemen selected by the Subordinate Services Selection Board and since Hoshiar Singh was not an ex-serviceman, therefore, the order dated 14.8.1984 was illegal, null and void and not binding on him. Consequently relief for permanent injunction restraining the defendants from relieving the plaintiff from the post of Clerk was also sought.
(3.) The suit was contested by the defendants and it was submitted that the plaintiff was appointed on ad hoc basis and his services could be terminated at any time without assigning any reason or without giving any notice. It was also submitted that, under executive instructions, some posts had been reserved for ex-servicemen; however, later on by executive instructions, it was decided that 10 per cent posts should be reduced and no fresh appointment be made as a measure of economy. It was also directed that if any person was to be appointed on the ground of ward of a deceased employee, then he should be appointed against a post held by an ad hoc employee and no fresh appointment against the existing vacancy be made. It was submitted that since Bhale Ram who was an employee in the office of Irrigation Department died while in service, therefore, his son Hoshiar Singh was appointed in view of the policy decision of the Government and since Hoshiar Singh could only be appointed against a post of an ad hoc employee, therefore, the services of the plaintiff has been terminated rightly. After filing the suit by the plaintiff, a reference was made by the Chief Engineer, Irrigation Department, to the Chief Secretary to Government Haryana, and the latter vide memo No. 35/16/85-3GSII dated 3.9.1985 (Exhibit D.2) clarified that the instructions contained vide letter dated 30.4.1975 related to Scheduled Castes and Backward Classes and those were not applicable to Ex-servicemen. It was also pointed out that the services of Subhash Chander were rightly terminated in order of accommodate Hoshiar Singh.;