STATE OF HARYANA Vs. BIKRAM SINGH

JUDGEMENT

(1.) This appeal is directed against Order dated 31.8.1992 passed by the learned Single Judge in Civil writ petition No. 969 of 1992 vide which the appellants were directed to consider the cases of the writ petitioners (respondents herein) for appointment as Mazdoors on regular basis.

(2.) A persual of the record shows that the respondents were employed as daily- wage Mazdoors in the printing and Stationary Department of the Government of Haryana on different dates between December 12, 1983 and April 19, 1986. Their services were terminated on May 31, 1989. They challenged the same in Civil Writ Petition No. 7606 of 1989. During the pendency of the petition, the department sent requisition to the Employment Exchange for filling up 15 posts on regular basis. The respondents again invoked jurisdiction of this Court under Article 226 of the Constitution of India for directing the appellants to consider their cases for regular appointment by contending that the zone of consideration cannot be confined to those sponsored by the Employment Exchange. The appellants contested the writ petition and relied on Section 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 in support of their stand that regular appointments can be made only from amongst the candidates registered with the Employment Exchange.

(3.) After considering rival pleadings and hearing the counsel for parties, the learned Single Judge allowed the writ petition with the following observations :