BANARASI DASS Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for the issuance of a writ in the nature of mandamus directing the respondents to allow him to join service and to regularise his services. He also prays for the grant of back wages with effect from September 30, 1986.

(2.) This case had come up for hearing on September 10, 1993. The respondents were directed to allow the petitioner to join duty at Ambala. A report regarding his performance was also asked for. Mr. Jaswant Singh, learned counsel for the respondents points out that in pursuance to the directions given by this Court, the petitioner was allowed to attend duty in the Haryana Roadways Deport at Ambala. He further states that the petitioner has performed his duties satisfactorily and that he will be allowed to continue on this post.

(3.) As for the claim for regularisation it deserves mention that the petitioner had been working at different intervals of time. The petitioner's claim is that he has not been allowed to work regularly while the respondent claims that he has been abandoning the job without any justifiable reason. Be that as it may, the fact remains that the petitioner has not referred to any rule or instruction under which the claim for regularisation may be sustained. In any event, it is the admitted position that the petitioner is now being allowed to continue to work. In such a situation, there is no occasion for the issuance of a writ of mandamus directing the respondent to regularise his services. Consequently, the claim as made by the petitioner cannot be aincd and is rejected.