S.S.SUDHALKAR,J. - (1.) Petitioners are part-time workers. They have prayed for regularisation of their services and for quashing of the impugned order by which they have been held to be ineligible for the post. The petitioners have joined the services on part-time basis on the posts of Sweeper and Kahar in the years 1985, 1986 and 1987. A Division Bench of this Court in Writ Petition No. 15602 of 1997, - Mange Ram and others v. State of Haryana and others and other connected matters decided on 24.2.1998 gave directions to the respondents to draw up a policy regarding regularisation. A copy of the judgment annexed as Annexure P-3, reads as under :- "In view of the above, we dispose of these petitions with a direction that the State Government should draw up a policy laying down the criteria and conditions subject to which the eligible persons shall be entitled to hold posts on regular basis. The State shall be free to fix the scale of pay etc. in accordance with the nature of duties. The needful should be done within three months from the date of receipt of a copy of this order. After the policy decision has been taken, the claims of individuals should be considered within three months thereof. The orders that may be passed shall be communicated to the persons concerned. The services of the petitioners shall not be terminated till the authority takes the final decision except on grounds of discipline. In the circumstances, we make no order as to costs."
(2.) In view of the aforesaid judgment, the Government issued instructions dated 1.2.1999, copy of which has been annexed as Annexure P-4. Vide memo dated 30.12.1998/25.2.1999, the respondents had issued further instructions. As per the instructions dated 1.2.1999, it has been directed that whenever a Group "D" post became available in the same institution/office of the State Government, where a part time employee is working and has completed at least five years continuous service on the date of issue of these instructions, he shall be given preference for being considered for regular appointment against the post. There are three conditions embodied in the said instructions, which are as under :- "(i) That the employee should have been recruited through the employment exchange or directly appointed by the appointing authority after obtaining the non-availability certificate from the employment exchange. (ii) That the employee possesses the prescribed qualifications for the post; and (iii) That the work and conduct of such employee has been satisfactory."
(3.) The subsequent part of the instructions is regarding continuation of the existing policy regarding appointment of part-time workers and it has been directed that if necessary, such jobs should be got done through contractual agreement with private agencies. Annexure P-4 is regarding regularisation of part-time class-IV employees. Agsint regular sanctioned vacant posts, the condition embodied in the same are as under:- (i) Part-time employees fulfilling the requisite qualification prescribed for regular class-IV employees in the Haryana state, Secondary Education Field Offices (Group-I) Services Rules, 1998. (ii) That part-time candidates who have been recruited through the Employment Exchange should have atleast three years experience on their posts. (iii) Those candidates recruited on part-time basis through direct recruitment, they should have atleast 6 years experience on their posts." ;