SOHAN LAL Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA

JUDGEMENT

(1.) S/Shri Sohan Lal, Nafe Singh and Mahavir Singh have filed the present writ petition under Articles 226/227 of the Constitution of India against Kurukshetra University, its Executive Engineer and three private respondents S/Shri Ravinder Kumar, Bharat Bhushan and Rajan Kumar and it has been prayed that a writ of certiorari be issued quashing the appointments of respondents No. 3 to 5 and further a mandate be issued to respondents No. 1 and 2 to regularise the services of the petitioners w.e.f. 1.2.1996.

(2.) The case set up by the petitioners is as follows :-

(3.) Notice of the writ petition was given to the respondents. It has been contested by respondent No. 1. As per the stand of respondent No. 1, the petitioners themselves offered their services to work as Beldars as casual labourers on muster rolls. They were never appointed through employment exchange nor their posts were advertised. They were engaged on muster rolls basis as a stop-gap arrangement by the University. It was also maintained by respondent No. 1 that at present no regular post of Beldar is vacant. However, one post of Assistant Pump Driver had fallen vacant on the retirement of Shri Satya Bhushan and the same will be filled up after adopting proper procedure. In the absence of regular posts, petitioners No. 2 and 3 could not be considered for regularisation. On merits, it is the stand of respondent No. 1 that the petitioners do not fall within the provisions of the scheme issued by the Haryana Government and adopted by the University as there was a gap in the services of the petitioners and, therefore, their services could not be regularised as per the policy of the State Government.