SATBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Notice of motion.

(2.) Mr. R.K.S. Brar, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State.

(3.) The petitioner was engaged as Helper on 23.3.1984 on daily wages in the Haryana Roadways at its Gurgaon Depot. At the relevant time Haryana Roadways was a department of the Govt. In the year 1987 the Haryana Roadways Corporation was created, however, the petitioner opted to remain an employee of the Govt. Petitioner claims to be working since then. He filed CWP No. 5944 of 1994 before this Court seeking his regularization on the basis of his continuous engagement. This writ petition was disposed of vide order dated 23.1.2008 directing the respondents no.1 to 3 therein to consider the case of the petitioner for regularization of service from the date his juniors have been regularized. The State of Haryana through the Transport Commissioner and respondent no.2 General Manager were parties to the aforesaid writ petition. The direction was a composite one to all the three respondents. On the basis of the aforesaid direction of the Court the case of the petitioner has been considered by the General Manager, Haryana Roadways Engineering Corporation, Gurgaon. The claim of the petitioner has been considered and disposed of vide impugned order dated 1.5.2008 (Annexure P-10). The Corporation has declined the consideration on merits on the ground that petitioner continued to be the employee of the State Govt. and thus, the Corporation is unable to decide the question of regularization. It is this order which is under challenge in the present writ petition.