KRISHAN KUMAR Vs. VERSUS STATE OF HARYANA
LAWS(P&H)-1993-11-159
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 02,1993

KRISHAN KUMAR Appellant
VERSUS
VERSUS STATE OF HARYANA Respondents

JUDGEMENT

- (1.) The petitioner has prayed for issuance of writ, order or direction calling upon the respondents not to terminate the services of the petitioner and further direction seeking his regularisation from the date of his joining the service.
(2.) The petitioner was appointed as Junior Engineer in the department of Public Works Department, Public Health haryana on 6.11.1981 on ad hoc basis. The petitioner was interviewed by the Chief Engineer, Public Health Division. The appointment letter is Annexure P-1 The petitioner possessed necessary qualification to be appointed as a Junior Engineer. He had passed three year Diploma Course in Civil Engineering from Polytechnic, Nilokheri, and this way the appointment made by the Chief Engineer was as per requirement of the assignment. Subsequently, Subordina Services Selection Board, Haryana, advertised 70 posts of Junior Engineer (Civil) for Public Works Department, Public Health. The petitioner who possessed the requisite qualification also applied pursuance to the advertisement referred to above and so appeared in interview before the Service Selection Board and was successful. Service Selection Board, Haryana recommended the name of the petitioner vide order dated 18.12.1985, Annexure P-3. The operative Part reads as under:- "The Board have recommended your name to the Engineer in Chief PWD (Public Health Br.) Haryana for appointment as Junior Engineer (Civil) Your name appears at Sr. No. 2 (B.C.) of the merit list." In view of the recommendation of the Board, the Engineer-in-Chief, PWD Public Health Branch, Haryana, Chandigarh asked the petitioner to fill in certain forms duly attested along with photographs so as to verify his character and antecedents (Annexure P-4). the petitioner complied with the order of the Engineer-in-Chief within , the stipulated period. The grievance of the petitioner is that despite the recommendation of the Board which indirecdy has been accepted by the Engineer in Chief as well as is clear from Annexure P-4, he had been treated as an adhoc employee thereby creating a cloud upon his legitimate claim being a regular employee. The petitioner rendered almost 12 years of unblemished service to the department. Despite this the Chief Secretary Haryana by an administrative order directed the various departments to terminate the services of the ad hoc employees forthwith, thus compelling the petitioner to knock the door of this Court.
(3.) The Petitioner has sought restrain order against his illegal termination on the ground that not only the petitioner possesses the requisite qualification but was approved by the Subordinate Services Selection Board way back in 1985. Merely for the reason that the authorities were somewhat negligent in not regularising the services of the petitioner, the petitioner's service could not be dispensed with on account of the direction given by the Chief Secretary.;


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