Surinder Singh, J. - (1.) WHETHER a person who has been appointed by the Government on ad hoc basis can claim appointment on regular basis as a matter of right, is the pivotal question for consideration in this Writ Petition filed by Ajit Singh Toofan and eight others under Article 226 of the Constitution of India against the State of Haryana and other Respondents. Gurcharan Singh Petitioner No. 10 was allowed to be arrayed along with the other Petitioners in the present writ petition, - -vide order dated November 26, 1985, passed in Civil Miscellaneous No. 3117 of 1985.
(2.) THE salient averment in the writ petition and the reply on behalf of the State in regard to these averments may he, briefly recapitulated. By means of advertisement appearing in The Tribune', dated July 20, 1981 (Annexure P/1), the Director of Prosecution, Haryana, invited applications to fill up 66 posts of Assistant District Attorneys. Again another advertisement was inserted by the Director of Prosecution, Haryana, in The Tribune, darted September 7, 1982 (Annexure P/2) inviting applications for filling up 77 posts of Assistant District Attorneys. The case of &e Respondent -State is that the first -mentioned advertisement was replaced by the second advertisement dated September 7, 1982, meaning thereby that the two advertisements were not independent of each other. It is not disputed that about 2,000 candidates had applied for being considered for the 77 posts, referred to above. These candidates were interviewed by a Selection Committee consisting of (1) Advocate -General, (2) Legal Remembrancer and (3) Director of Prosecution, Haryana, on various dates. The averment in the writ petition goes on to say that the Selection Committee recommended the names of 161 candidates who were highest in merit for appointment as Assistant District Attorneys on December 7, 1984. The allegation is that Respondent No. 2, i.e. the Secretary to Government Haryana, issued two types of appointment letters to the candidates recommended by the Selection Committee. The candidates who were in the Merit List from Serial Nos. 1 to 51 were issued 'different type' of appointment letter, a specification of which has been attached as Annexure P/3. The candidates who were in the Merit List from Serial Nos. 52 to 161 were, however, issued another type of appointment letter, a specimen of which has been produced as Annexure P/4. It would be appropriate to notice the stand of the Government in this behalf at this stage. It is stated in its reply that the Selection Committee adjudged 51 candidates as suitable for regular appointment against 77 posts. The break -up of these 51 posts as given, is as follows: JUDGEMENT_94_LAWS(P&H)5_1986.htm The remaining 26 posts were reserved posts. The allegation that a Merit List of 161 candidates had been prepared by the Selection Committee was refuted as being factually incorrect. It was further averred that the candidates at Serial Nos. 52 to 161 i.e. 110 in all were absorbed purely on ad hoc basis for a period of six months, with a clear stipulation that their services are liable to be terminated at any time without any notice, after the selection of eligible candidates on regular basis was made. In regard to the Merit List, the averment in the reply is quite specific that this Merit List consisted of only 51 candidates in order of merit. The remaining candidates were not in the Merit List. Coming back to the averment in the Writ Petition, it was' stated that the Petitioners felt surprised when they came to know that they had been appointed on ad hoc basis. The Petitioners met the Chief Minister and requested him that they should also be appointed on regular basis as was done in the case of candidates at Serial -Nos. 1 to 51. The Petitioners were assured that justice shall be done to them. This contention is, however, controverted on behalf of the State by a reiteration of the fact that there was no justification for the Petitioners to be surprised on their ad hoc appointment as they were not found suitable for regular appointment. They were, however, taken on ad hoc basis with a view to cope up with the day -to -day working of the Courts including the newly created posts. Reliance was also placed in the writ petition on instructions dated May 26, 1972 issued by the Haryana Government (Copy Annexure P/5). according to which all posts created before the date of recommendation as well as posts created within six months from the date of recommendation had to be filled up from out of the same Selection. The reply on behalf of the State is that these instructions are applicable only in the case of candidates who are selected by the Haryana Public Service Commission or Subordinate Services Selection Board and in any case the Petitioners who have been appointed only on ad hoc basis could not avail of the benefit of these instructions.
(3.) THE Petitioners go on to allege that they had read in the newspaper that the posts against which they are working had been re -advertised. A copy of the relevant advertisement was produced as Annexure P/6. The fact that an advertisement was issued for filling up 91 posts of the Assistant District Attorneys was not disputed on behalf of the State. It was, however, re -asserted that the ad hoc appointees (like the Petitioners) had no right to be appointed on regular basis. With these averments, the Petitioners prayed for a mandamus to be issued to the Respondents to appoint them on the same terms and conditions as the persons who were appointed on regular basis, i.e., Serial Nos. 1 to 51. The claim has' been refuted by the State Government. Instructions, annexure P. 5, envisage a waiting list to be prepared by the Public Service Commission. In this case the Selection Committee, from which the names are to be picked up for filling the vacancies occurring within the given period from the date of receipt of the recommendation of the selecting authority, in this case the Selection Committee. The Advocate -General Mr. H.L. Sibal appearing for the State of Haryana has argued that the Selection Committee had prepared no waiting list, as envisaged by the said instructions. and, therefore, the question of filling up of the given vacancies by the candidates, whose names figured in the waiting list, did not arise.;