KHARAITI LAL Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) plaintiff-appellant is in second appeal having been unsuccessful in both the Courts below.

(2.) The plaintiff filed a suit seeking a decree for declaration to the effect that his services be regularized on the post of Helper w.e.f. 1.10.2003 with all consequential benefits. It was pleaded that the plaintiff was appointed as Helper on 3.1.1994 and was posted in Haryana Roadways, Rohtak Depot. The State Government vide notification dated 1.10.2003 had issued a policy regarding the regularization of the services of daily wages/adhoc basis/contract employees (Group 'C' and 'D') and in pursuance thereto, his services were, in fact, regularized on the post of Helper in the pay scale of Rs.2550-3200 vide order dated 1.4.2004. It was pleaded that such regularization was w.e.f. 1.10.2003. However, by a subsequent order dated 30.8.2004, the earlier order dated 1.4.2004 was modified to the extent that his services now stood regularized w.e.f. 1.6.2004 instead of 1.10.2003. It was towards impugning such action of the defendants that the suit seeking a decree for declaration was instituted.

(3.) The defendants filed a reply stating that the plaintiff was engaged as a Helper on daily wage basis and had not been appointed against any sanctioned post and not on a graded pay scale. His appointment was a stop-gap arrangement as per requirement of work. The services of the plaintiff could not be regularized w.e.f. 1.10.2003 as no sanctioned vacant post of Helper was available on that date.