KULDEEP KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of Mandamus directing the respondents to modify/substitute the appointment letter dated 16.9.1997(Annexure P-4) by offering appointment to the petitioner as Fireman on regular basis as he fulfills the qualifications prescribed by the respondents for the post of Fireman and is fully eligible for regular appointment as Fireman.

(2.) The case set up in the writ petition is that the petitioner was working as Fireman in the Municipal Council, Sirsa-respondent no.4 and had passed his matriculation examination with science and also passed the basic course of Elementary Fire Fighting conducted by the Haryana State Fire Fighting Training Centre, Ambala Cantt in December, 1994.

(3.) In the written statement filed on behalf of respondents No.1 to 3, it was pleaded that the petitioner and three other persons were appointed as Firemen for a period of 89 days on daily wages/contract basis through Employment Exchange with effect from 6.2.1996 and were allowed to work for 30 days and their services were terminated on 6.3.1996. During the strike period, the petitioner and some other persons had been appointed by the Executive Officer of respondent no.4 without following the due procedure and not through the Employment Exchange in regular pay scale, who was not competent for making such type of appointments. Accordingly, these appointments were declared null and void by respondent no.3-Deputy Commissioner, Sirsa. The employees were to be appointed only on daily wages basis to meet out the situation during the strike period as per instructions of the Government. The writ petition No.1692 of 1997 Rajender Kumar and others Vs. State of Haryana and another filed by the petitioner and six other persons was dismissed on 21.3.1997. The selection of petitioner was made for a period of 89 days on daily wages basis and not on regular basis. After the decision of the writ petition, the petitioner was appointed on daily wages for a period of 89 days on contract basis.