RAM SWARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present appeal is order dated 28.11.2007 passed by learned Single Judge whereby the writ petition filed by the petitioner challenging order dated 21.12.1992 dispensing with the service of the petitioner, was dismissed.

(2.) BRIEF facts of the present case are that the petitioner was appointed on ad hoc basis with effect from 28.11.1978 in the office of respondent No.2 and was regularised on 4/6.2.1980. Earlier cadre of the services of the Consumer Stores and the apex body i.e Haryana State Federation of Consumer Cooperative Wholesale Stores Ltd. was the one and the same. However, staff services rules of Haryana State Federation of Consumer Cooperative Wholesale Stores Ltd. came to be amended with effect from 14.12.1983. Option was given to the employees to opt either in the District Cooperative level stores or in the apex cooperative body; the petitioner -appellant filed an appeal pursuant to the options called, which was forwarded on 1.2.1984 to the Staff Committee to take decision; nothing was heard from the side of the respondents; services of the petitioner were dispensed with vide order dated 21.12.1992 and the petitioner was paid three months advance salary of Rs.6178.20. The petitioner challenged the order dated 21.12.1992 on the ground that without taking decision on the option exercised by the petitioner his services cannot be dispensed with and juniors have been retained in service of respondent No.2.

(3.) LEARNED Single Judge observed that since three months salary was paid to the petitioner at the time of order dated 21.12.1992 was passed dispensing with his services and the petitioner was never absorbed in the service of the apex body, hence the petitioners services were rightly dispensed with.