DEVI DAYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Four petitioners, fully described in the head-note of the writ petition, have filed the present writ petition under Articles 226/227 of the Constitution of India against the respondents and it has been prayed by the petitioners that a writ in the nature of mandamus be issued against the respondents directing them to give regular appointment to them. Further it has been prayed by the petitioners that the documents Annexures P-10 to P-13, dated 19.1.2000, vide which they were directed to undertake written tests and personality tests be quashed.

(2.) The case set up by the petitioners is that they are working as Counter Incharge (Training) for the last 8/9 years with respondent No. 2. They have done their diplomas and certificate courses for the posts of Counter Incharge in the institutes run by the Haryana Tourism Corporation (hereinafter called the Corporation) and in support of this contention they have placed on record documents Annexures P-1 to P-4. The petitioners allege that they were called for interview for filling the posts of Counter Incharge (Training) and thereafter they were selected and given appointment as Job Trainee or Practical Trainee in the field of Counter Incharge vide letters Annexures P-6 to P-9 According to the appointment letters, their training period was two years which could be extended for another six months. The petitioners have successfully completed the period of two years of their training. It was never extended and the petitioners were allowed to continue on the post of Counter Incharge by the Corporation. So much so the respondents took full work of Counter Incharge from them and paid them the stipend of a trainee. The grievance of the petitioners further proceeds that they along with other similarly situated trainees filed Civil Writ Petition No. 18474 of 1996 seeking regular appointment from the date they completed their training period successfully. The writ petition was admitted for regular hearing. The petitioners apprehending their termination orders moved a stay application which was allowed and the respondents were directed that the services of the petitioners will not be terminated till the disposal of the writ petition. Thereafter, 139 posts of Waiters and 33 posts of Counter Incharge etc. were sanctioned by the Haryana Government in January, 1999. The writ petition of the petitioners was allowed on 1.6.1999 by the Hon'ble Single Judge and (sic) against the advertised posts, if they are eligible for the same.

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