VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the instant petition impugning the order dated 17.12.2008, Annexure P11, passed by the Director, Industrial Training and Vocational Education, Haryana rejecting his claim for the grant of annual increments, medical leave etc. pertaining to a period of service rendered by him on 89 days basis i.e. with effect from 2.12.1997 to 29.11.2002.

(2.) Pleadings, in brief, are that the petitioner possessed the qualifications prescribed under the Rules for selection and appointment to the post of Instructor under the respondentDepartment. Accordingly, he got his name registered with the Employment Exchange, Rohtak for the post of Instructor. On account of certain vacancies of Instructors in various trades having become available in various Industrial Training Institutes across the State, respondent Department sent a requisition to the Employment Exchange and in response thereto, the name of the petitioner along with certain other eligible candidates was sponsored. A Selection Committee having interviewed the petitioner, an appointment letter dated 29.10.1997 was issued to the petitioner appointing him as Accountancy and Auditing Instructor, in the grade of Rs. 1400-40-1600-50-2300-EB-60-2600, on 89 days basis. The petitioner continued to serve on the post of Instructor on such basis. In the year 2000, the Haryana Staff Selection Commission advertised certain posts of Accountancy and Auditing Instructors. It is averred that the petitioner being eligible for the same applied for such post and subjected himself to a regular process of selection. The petitioner was selected and his name was recommended for appointment as Accountancy and Auditing Instructor, and on 30.11.2002, the petitioner was issued an appointment letter against a regular post. The petitioner who had been serving on the same very post on 89 days basis joined as a regular appointee on 2.12.2002 without any break.

(3.) Certain other employees who had also been engaged on 89 days basis/adhoc basis and were subsequently regularized as per policy decisions taken by the Government from time to time approached this Court by filing Civil Writ Petition No.5277 of 1999 titled as "Vijay Bala v. State of Haryana and others" as also Civil Writ Petition No.18010 of 2000 titled as "Promila v. The State of Haryana". Civil Writ Petition No.5277 of 1999 was allowed by a Division Bench of this Court vide order dated 20.7.2000 at Annexure P5, in terms of which the petitioners therein, who had served on 89 days basis prior to their regularization of service, were granted the benefit of annual increments, leave benefits etc. by taking into account their previous adhoc service/service rendered on 89 days basis prior to the date of their regularization. Likewise, Civil Writ Petition No.18010 of 2000 was allowed in the light of judgment dated 20.7.2000 rendered in the aforesaid Civil Writ Petition No.5277 of 1999. Even the Special Leave to Appeal (Civil) filed at the hands of State of Haryana against the decision of this Court in Civil Writ Petition No.18010 of 2000 was dismissed by the Hon'ble Supreme Court on 19.9.2003.