OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners joined the Fisheries Department of the respondent- State of Haryana as Field Assistants and were, thereafter, way back in 1976 promoted as Assistant Fisheries Officers. Vide Annexure P-1, dated 6th October, 1978, the petitioners were promoted as Fisheries Officers on ad hoc basis. Thereafter, vide Annexure P-2 dated 3rd September, 1982, the promotion of the petitioners as Fisheries Officers was made regular with retrospective effect. The Director, Fisheries Department, Haryana, thereafter issued notice, Annexure P-3 to the petition, in which it was stated that the case for regularisation of their services was being considered and they were required to appear in the office of that officer on 24th February, 1984. It has been averred in the petition that the petitioners informed the Pirector that their services had already been regularised on the basis of Annexure P-2. It has further been averred that there was no response from the Department till the order dated 3rd October, 1984, Annexure P-4, was received by the petitioners, in which it was stated that the order regarding regularisation of ad hoc service had been withdrawn and cancelled. The order Annexure P-4 has been impugned before me, inter alia, on the ground that it had been passed without affording an opportunity of bearing to the petitioners; which amounted to denial of rules of natural justice.

(2.) In reply to para 3(a) of the petition, in which it has been categorically stated that 2io opportunity of hearing was afforded to the petitioner before passing the impugned order Annexure P-4, the respondents have stated that "there were no necessity for issuing any types of motion when the orders of deregularising the services were issued. In fact, respondent No. 2 has rectified his mistake for which he is fully competent and their status quo has not been disturbed." It has, therefore, been apparent that no opportunity of hearing was given to the petitioners and on this short ground, the order Annexure P-4 cannot be sustained.

(3.) In view of what has been stated above, the present writ petition is allowed and Annexure P-4 is quashed The costs of the petition are determined at Rs. 2000/-.