DR. JAGDISH CHANDER GONDLEY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, Dr. Jagdish Chande Gondley, unfortunately died during the pendency of the writ petition on 6th January, 1991 and his widow Basant Kumari and other children were brought on record as legal-representatives. The petitioner was appointed as a Medical Officer on ad hoc basis in the Health Department of Haryana on 10th September, 1980. In the year 1982, his name was recommended by the Haryana Public Service Commission for regular appointment against a permanent vacant post and on the recommendation of the Haryana Public Service Commission, he was appointed on regular basis as Medical Officer vide appointment letter dated 3rd September, 1982 (Annexure P-1). The petitioner joined on regular basis on 6th September, 1982.

(2.) The service conditions of the petitioner were governed by the statutory rules known as Haryana Civil Medical Service (Class-II) Rules, 1978 (hereinafter referred to as the Rules). Rule 11 of the Rules deals with the probation, the said Rules reads as under :-

(3.) On 23rd May, 1986, the services of the petitioner were terminated. The said termination was challenged by the petitioner by way of filing a writ petition in this Court, being C.W.P. No. 3243 of 1986. That writ petition was allowed by Division Bench of this Court on 4th September, 1986, on the ground that the notice of one month for termination as required by the appointment letter fell short by six days, and, therefore, the termination order was bad. The Division Bench did not think it necessary to go into the other grounds raised in the writ petition. It was observed in the order of the Division Bench that the competent authority would be at liberty to pass fresh orders in accordance with law, if so advised.