DHARAM BIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) DOES ad hoc or stop -gap appointment of teachers for a short period like 45 days or less render it incumbent upon the Government, if it decides to make fresh appointment otherwise than by promotion or through the Subordinate Services Selection Board to first, consider and take back such teachers in order of 'Last Go First Come' ? - This is what was so held by the Division Bench in C.W.P. 3674 of 1990, Jagdish Singh v. State of Haryana, decided on April 5, 1990. Reconsideration of this judgment is what has led to the present reference.

(2.) IN Jagdish Singh's case (supra), the petitioners were appointed in February, 1990 for a fixed term ending on March 27, 1990. This appointment of the petitioners was on a purely temporary basis as a stop -gap arrangement. Before their services came to an end, they approached this Court praying that they be allowed to continue in service till regular appointment is made to the posts held by them either by promotion or through the Subordinate Service Selection Board. Relying upon the judgment of this Court in Piara Singh v. State of Haryana, 1988 (4) SLR 739, it was held,

(3.) A similar factual position arises in the present case too. The petitioners here were appointed as Sanskrit teachers in February, 1990. It was a fixed term appointment, coming to an end on March 15, 1990. Relying upon the judicial precedent in Jagdish Singh's case (supra), they seek a direction to the respondents to allow them to continue in service till regular appointments are made through the Subordinate Services Selection Board.