BIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition is directed against the orders dated 07.10.1994 (Annexure P-3) and dated 04.01.1996 (Annexure P-4), whereby petitioner was sought to be reverted.

(2.) To unravel the controversy involved between the parties, brief narration of essential facts would be required. Petitioner joined the service of Haryana Vidhan Sabha on the post of Watch and Ward Assistant on 21.11.1980. Vide Annexure P-1 dated 06.09.1991, respondent No.2 issued the communication inviting applications from the eligible candidates with a view to fill up two vacant posts of Clerks, by way of transfer. Petitioner being fully eligible for the post, applied through proper channel. He faced the competition and was selected. Accordingly, vide Annexure P-2 dated 28.11.1991, offer of appointment was given to the petitioner and he joined the respondent-Department. Petitioner had already served the respondent-Department for more than three and a half years, when impugned order dated 07.10.1994 (Annexure P-3) came to be issued by respondent No.2, thereby reverting the petitioner to his parent department. However, it seems that implementation of this order dated 07.10.1994 (Annexure P-3) was stayed by the Department itself. Finally, impugned order dated 04.01.1996 (Annexure P-4) was issued by respondent No.2, thereby implementing the above said impugned order (Annexure P-3) and petitioner was ordered to be relieved. Feeling genuinely aggrieved, petitioner approached this Court by way of instant writ petition.

(3.) Notice of motion was issued and pursuant thereto written statement on behalf of the respondents was filed. After hearing the parties, a Division Bench of this Court admitted the writ petition for regular hearing on 25.03.1996 by passing the following order:-