LAWS(P&H)-2013-10-100

MEGH RAJ Vs. STATE OF HARYANA

Decided On October 09, 2013
MEGH RAJ Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Having been selected by the Subordinate Services Selection Board, Haryana, the petitioner had joined as a Clerk on 30.9.1974 in Rehabilitation Department against a regular post, and on regular basis. Prior to his joining in the respondent-department, the petitioner had worked for different durations in different departments. He had made a number of representations to the respondents for counting of his ad-hoc service rendered earlier in different departments of the respondent-State for the purpose of grant of increments. Representations dated 11.3.1991 and 21.3.1995 (Annexure P-3 and P-4 respectively) of the petitioner, were rejected vide order dated 23.5.1995 (Annexure P-5). Despite issuance of legal notice dated 20.7.1995 (Annexure P-6), the respondents did not move which resulted in filing of this writ petition by the petitioner. The petitioner seeks quashing of order dated 23.5.1995 (Annexure P-5) and directions to the respondents to count his service rendered on adhoc basis.

(2.) The respondents have contested the claim of the petitioner tooth and nail. Though, it was admitted that the petitioner had worked in different departments on ad-hoc basis earlier to joining of the Rehabilitation Department, but it was explained that since his earlier service was on ad-hoc basis, the said service rendered by the petitioner being neither continuous nor immediately succeeded by regular service with the respondents, was not countable for purposes of grant of increments. Dismissal of the petition was sought.

(3.) Learned counsel for the parties have been heard while going through the paper book.