BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Babu Ram, a Class IV employee working in the Social Welfare Department of the State of Haryana was promoted to Class III service on Feb. 21, 1991, vide order Annexure P4. He was placed on probation for one year and appointed on ad hoc basis. He was to pass test in type-writing in English/Hindi and till he was to do so he was not to get increments. Vide order dated May 16, 1991, communicated on June 18, 1991 (Annexure P5) he was reverted to class IV service on the ground that Matric certificate submitted by him was not recognised by the Haryana Government. This order is under challenging in this writ petition. It may further be pointed out that order of appointment Annexure P4 was submitted on June 10, 1991 vide Annexure P9, inserting a new condition that if at any stage the certificate produced is not found equivalent to Matriculation standard, the petitioner will be provisionally responsible for the same.

(2.) Petitioner's case is that no notice or opportunity of hearing was given to him before the impugned order of reversion was passed. At the time of promoting the petitioner, the certificate produced by him was accepted. There was no condition at that time that the certificate should be as recognised by the State of Haryana. Reference was also made to another order where the rules were relaxed and persons like the petitioner were continued in service of Haryana.

(3.) The respondents have contested the writ petition and in the reply filed it is asserted that the certificate produced by the petitioner from an institution which was not recognised by the State of Haryana. Reference has been made to Annexure R1, a letter from the Director, Secondary Education, Haryana to the Director, Social Welfare Department that the Matriculation examination from the institution of Adult Education, New Delhi was not equivalent to the Matriculation examination of Haryana.