DHAN SINGH Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226/227 of the Constitution of India and he has made a prayer that a writ in the nature of mandamus be issued to the respondents directing them to regularise the service of the petitioner to the post of Electrical Helper w.e.f. 31.1.1996 in view of the State Government policy decision dated 7.3.1996 and 18.3.1996, Annexure P1 and P2 respectively with all consequential benefits.

(2.) The case set up by the learned counsel for the petitioner is that the petitioner was initially appointed in the office of the HUDA-respondent on daily wages basis as Electrical Work Munshi by XEN, HUDA, Circle Gurgaon on 15.12.1988. He was assigned the duty of Electrical Helper and is working as such. The petitioner has passed his matriculation examination and further he has passed the I.T.I. Examination and Vocational Training Certificate of House Wiring (Electrical Technician) with the permission of the department. The State Government framed a policy on 7.3.1996, vide which, it was decided to regularise the services of work charged/casual/daily wager employees, who have completed five years of service on 31.1.1996. Subsequently, the period of five years was reduced to three years by the State of Haryana. It is also the case of the petitioner that the respondent-HUDA adopted the above said instructions issued by the State of Haryana in its letter and spirit. The petitioner has completed three years services on 31.1.1996 and he was working as Electrical Helper but the respondent-HUDA regularised his services on the post of Chowkidar vide letter dated 1.5.1997 He made several representations before the respondent-authorities to regularise him against the post of Electrical Helper but to no effect. Hence this petition.

(3.) Notice of motion was issued to the respondents, who filed written statement and denied the allegations made by the petitioner in this petition.