STATE OF HARYANA Vs. MADAN LAL

JUDGEMENT

(1.) THE respondent herein was appointed as Lecturer in Hindi on ad hoc basis by the appellants vide order dated 29.10.1976 and he joined service in that capacity on 5.11.1976. He was posted at Government College, Narnaul. He continued in the said capacity i.e. on ad hoc basis, till 29.8.1982 when his services were regularized on the post of Lecturer vide orders dated 25.8.1982. The respondent has since retired and wants the period of ad hoc service from 5.11.1976 to 29.8.1982 be counted for the purpose of grant of seniority and other retrial benefits.

(2.) LEARNED Single Judge has allowed the writ petition vide impugned order dated 23.1.2012 following the judgment dated 9.9.2010 rendered by the learned Single Judge in CWP No.8604 of 2007 titled as "Dr. Surindra Kumar Mishra & Ors. Vs. State of Haryana and another". Vide that judgment as many as five writ petitions were decided holding that such ad hoc service has to be counted when it is followed by regularization without any break in between. The State had filed appeal against the said judgment and same was also dismissed by the Division Bench on 13.10.2011 and even Special Leave Petition filed there against was also dismissed. There is, thus, no reason not to follow the aforesaid judgment of the coordinate Bench affirming the judgment of the Single Bench in Dr. Surindra Kumar Mishra case (Supra), more so when the SLPs have also been dismissed. It would be pertinent to point out that ad hoc appointment of the respondent was after undergoing the selection process in accordance with recruitment rules which were governing at that time i.e. Punjab Subordinate Educational Service Rules, 1937.