B.S.CHAUHAN, J. - (1.) THE instant writ petition has been filed for seeking the relief of regularisation as well as payment of salary in the minimum of the pay scale of the post of Driver.
(2.) THE facts and circumstances giving rise to this case are that petitioner joined the service on daily wages as Driver with the respondents on 2.4.1990 and his services had been terminated with effect from 16.6.1991. Hence this writ petition. This writ petition was filed on 7.6.1991 and this Court granted interim relief, vide order dated 13.6.1991, directing respondents not to terminate the services of petitioner if it had not already been terminated. Admittedly, service of the petitioner stood terminated with effect from 31.5.1991 (Annx. R.5). Petitioner had received the letter of termination on the same day and endorsed it. Subsequently, petitioner filed a fresh application on 1.6.1991 (Annx. R.7) requesting that he may be offered re -employment on contract basis. If he was fully aware of the fact that his services stood terminated with effect from 31.5.1991 and the order of termination was served upon him and he made an application on 1.6.1991 for entering into contract with the respondents, he could not claim the aforesaid reliefs either of regularisation or minimum of the pay scale in view of the judgments of the Hon'ble Supreme Court in Himachal Pradesh Housing Board v. Om Pal and Ors. : (1997)IIILLJ668SC ; and Ram Chander and Ors. v. Addl. District Magistrate and Ors. : (1998)IILLJ1088SC , wherein the Apex Court held that after termination of service, relief of regularisation and equal pay for equal work cannot be sought, unless the order of termination itself is challenged and quashed by the Court. Petitioner has not challenged the order of termination, therefore, I am of the prima facie view that this writ petition is not maintainable nor the interim order passed by this Court may come to the rescue of petitioner.
(3.) MR . Mridul, learned Senior Advocate, has submitted that even if petitioner is not entitled for regularisation, his case for payment of minimum of the pay scale on the post of Driver can be considered as petitioner has been working under the interim order of this Court dated 13.6.1991.;