SURESH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was a regular helper in Haryana Roadways. The Transport Commissioner, Haryana vide orders dated 26.6.2007 on an application presented by the petitioner permitted option to be exercised for utilizing the services of the petitioner as a Conductor. A consequential order dated 31.8.2007 was passed by the General Manager, Haryana Roadways, Hisar ordering that the services of the petitioner would be utilized as a Conductor in his own pay scale as purely temporary measure with immediate effect. It was also stipulated that his services can be withdrawn at any time without any prior notice or assigning reason thereof. The petitioner served in this capacity under order dated 31.8.2007 till 20.10.2011 when he was relieved of the duties of a conductor and sent to his substantive post of fitter. It is not disputed that a post of conductor is not a promotional post from fitter. The post of conductor can be filled in terms of the Haryana Transport Department (Group-C), Haryana Roadways Service Rules, 1995.

(2.) Learned counsel submits that the petitioner's entry on the current duty charge on the post of Conductor should be treated as one by way of transfer or his case may be treated as one of up-gradation. I do not find any merit in this submission.

(3.) The request was made by the petitioner in terms of the letter dated 19.9.2006 (P-4) where a decision had been taken as follows : -