SUREKHA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as an adhoc teacher in 1994 in school cadre (Haryana). She served till 1.7.2003 when due to illness, she took leave and remained incapable to work till 17.5.2004. Thereafter, she resumed service and continued to teach and was posted to different schools in Haryana from time to time.

(2.) A regularization policy was floated on 1.10.2003 by the Haryana Government. It was amended on 10.2.2004. This policy created a valuable right of adhoc employees to regularization, provided they were in service up to 30.9.2003 which was appointed as the cut off date for consideration of claims. The petitioner was not physically available on 30.9.2003 due to her illness. However, the learned counsel for the petitioner submits that the thread of service was not been broken and the relationship of master and servant continued. Therefore, the petitioner will be deemed to be in service on 30.9.2003. Her colleagues in the school cadre, who were also appointed on adhoc basis, secured orders of regularization of their services and came into regular cadre under the policy. The petitioner's case, however, lingered on without decision, compelling her to approach this Court through the present writ petition on 27.5.2010.

(3.) Notice of motion was issued and the respondents have filed reply. The State admits that the petitioner is continuously working on the post of Lecturer in Commerce but had spent 10 months from 1.7.2003 to 17.5.2004 on leave and, therefore, her case deserves to be rejected since the State is not at fault of her physical absence on 30.9.2003.