RAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of two Civil Writ Petitions Nos. 9631 and 9633 of 1988 in which the same questions of fact and law are involved.

(2.) The petitioners in C.W.P. No. 9631 of 1988 are Health Assistants (Class IV employees) whereas those in C.W.P. No. 9633 of 1988 are Sanitary Supervisiors (Class III employees). All of them are working in Block Rajound under the supervision and control of District Malaria Officer, Jind in the State of Haryana. They are aggrieved of the haphazard, arbitrary and discriminatory method being adopted by the Director, Health Services, Haryana, and the District Malaria Officer, Jind, in the matter of recruitment and termination of services of the employees against the posts of Health Assistants and Sanitary Supervisiors. According to the petitioners, they were employed by the Health Department of Haryana to implement the Malaria Programme Scheme of the Central Government. They are required to perform the same and similar duties as are being performed by their counter parts under the Haryana Government that is, spraying of malaria medicines in the villages, preparing of daily reports for handing over the same to the Malaria Inspector. They are required to work on daily wages without any fixed tenure of service. No seniority list is being maintained by the Health Department, nor is the principle of 'last come, first go' observed at the time of termination of their services. Rather, treating these employments as seasonal, every year fresh recruitment is made through the Employment Exchange. They are higher being extended the protection and privileges under the Industrial Disputes Act, nor under any other statutory rules. It is under these circumstances that they have invoked the writ jurisdiction of this Court for the protection of their service prospects so that the Health Department, Haryana realises its obligation and responsibility to own the petitioners and other employees similarly situated and to ensure regular employment to them by eliminating arbitrariness and discrimination which are necessary consequences of pick and choose policy. Technically speaking, they want protection of Article 16 of the Constitution of India which guarantees to all citizens equality of opportunity in the matter of employment.

(3.)