ANIL KUMAR MEHTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Grievance of the petitioner herein is qua the order dtd. 28/4/1997 (Annexure P-19) issued by respondent No. 3 withdrawing his earlier order dtd. 31/5/1995 for regularisation of the petitioner's services as Water Pump Operator Grade-II in group 'C' and instead bringing him on regular establishment in lower group 'D' to the post of Helper to Electrical Chargeman/Electrician.

(2.) Succinct facts first. Petitioner claims that he is a Matriculate and joined service as daily wager on 1/9/1987 under the respondents. Since then, he had been working as Water Pump Operator Grade II on class III group C post. Haryana Government issued order dtd. 27/5/1993 Annexure P-4 creating 4278 additional posts for regularization of work-charged/daily wage employees who had completed 5 years service on 31/3/1993. Vide notification dtd. 11/5/1994 Annexure P-5, the Government decided/clarified that the daily wagers who had completed five years' service on 31/3/1993 should be regularised against their respective class III posts provided they fulfil the requisite qualifications and were originally appointed on class III posts. Pursuant thereto and after verification of records and finding the petitioner eligible and suitable for regularisation on class III post as Water Pump Operator Grade II, his services were regularised as such on class III post vide order dtd. 31/3/1995 Annexure P-16. Later, however, the impugned order dtd. 28/4/1997 (Annexure P-19) was issued by respondent No. 3 withdrawing his own earlier order dtd. 31/3/1995 regularising the petitioner's services in group 'C' and instead of that bringing him on regular establishment in lower group 'D' to the post of Helper to Electrical Chargeman/Electrician. The petitioner seeks quashing of the impugned order dtd. 28/4/1997 (Annexure P-19) with a direction to regularise his services in group C on class III post as Water Pump Operator Grade II from 1/4/1993 with consequential benefits.

(3.) Respondents admitted that the petitioner joined service as daily wager on 1/9/1997 and that pursuant to Government instructions dtd. 17/12/1993 Annexure P-3, his services were regularised on class III post as Water Pump Operator Grade II vide order dtd. 31/5/1995 Annexure P-16. They, however, pleaded that it was later discovered that the petitioner had been engaged and was paid as daily wager unskilled worker in class IV group D category and not as Water Pump Operator -II on class III group C post. He had been inadvertently regularised on class III post in group C, though he was not eligible for the same. Order dtd. 28/4/1997 (Annexure P-19) was, therefore issued withdrawing the earlier order dtd. 31/3/1995 and bringing him on regular establishment in lower group 'D' to the post of Helper to Electrical Chargeman/Electrician. They defended the impugned order dtd. 28/4/1997 (Annexure P-19). Objection was also taken that the petitioner had given two experience certificates for working with two separate employers and also a doing diploma course simultaneously, showing that they were manipulated and fictitious.