- (1.) Vide this order three writ petitions Nos. 1940, 2239 and 8606 of 1993 are being disposed of as the question involved therein is common. In the first two writ petitions the petitioners were employed as Junior Engineers in the Municipal Committee in the State of Haryana. They challenge the cut-off date December 21, 1990 fixed in the notification issued by State of Haryana in the matter of regularisation of ad hoc and temporary employees. They also challenge orders of termination passed against them. In the third writ petition the petitioner was employed as Junior Engineer on ad hoc basis in PWD, Public Health Department, in the State of Haryana, and he, challenges the order of termination of his services.
(2.) In C.W.P. No. 1940 of 1993 Sunil Kumar is the petitioner. On August 13, 1990 he was appointed as Junior Engineer on ad hoc basis in the Municipal Committee, Ladwa Vide Annexure P. 1, letter of appointment. It contains the following condition- "It should be clearly understood that this offer of appointment is purely temporary which can be terminated at any time on joining of a candidate recommended by the SSS Board or on abolition of the post or on account of unsatisfactory work and conduct without any prior notice assigning any reason." Letter-Annexure P.2 was issued to him on April 4, 1991 that his appointment was for a period of 9 months and on expiry thereof he was to be relieved on joining of a candidate recommended by SSS Board or on abolition of the post or on account of unsatisfactory work and conduct without prior notice of assigning any reason. On December 17, 1992 Haryana State issued instructions-Annexure P. 4 inter alia providing as under:- "(i) In view of the orders of Supreme Court, the ad hoc employees are to be replaced by the recommendees of the SSS Board/HPSC. The services of all ad hoc employees where candidates by the SSS Board/HPSC have been recommended may be terminated immediately. (ii) Where no such recommendations have been made by the SSS Board/HPSC the department should review the position of the ad hoc appointees and terminate their services immediately if no longer required. (iii) In cases where High Court has granted stay on the basis of Piara Singh's case immediate action in terms of letter No. 43/79/92-5 GSI dated 6.11.92 may be taken."
(3.) Notification was issued by the State of Haryana on February 28, 1991-Annexure P.5 providing that such Class III posts as were held for a minimum period of 2 years on December 31, 1990 by Class III employees on ad hoc basis should be taken out of the purview of the Subordinate Services Selection Board and their services will be regularised if they would fulfil the conditions laid down therein. Their challenge to these instructions is on the basis of the Supreme Court decision in D.S. Nakara vs. Union of India, 1983 1 SCC 305, that the aforesaid date has been fixed arbitrarily. The services of the petitioners are required to be regularised. The order terminating his services as no longer required is illegal as the post still exists and so did the work on the post.;