(1.) In this petition, the petitioner has prayed for quashing order dated 4.4.2001 (Annexure P.4) vide which Chief Warden Hostel, Pt. B.D. Sharma, PGIMS, Rohtak rejected his demand for regularisation of service and payment of salary in the regular pay scale. He has further prayed for issuance of a writ in the nature of mandamus directing the respondents to regularise his service on the post of Chowkidar in terms of the policy framed by the Government of Haryana which was circulated vide letter dated 18.3.1996.
(2.) A perusal of the record shows that on the basis of sanction granted by Director, Medical College, Rohtak, the petitioner was engaged as Chowkidar in Boys Hostel w.e.f. 1.12.1993. Vide office order dated 29.6.1994 (Annexure P.1), the Director sanctioned payment of wages to the petitioner and nine other Common Room Attendants and Chowkidars at the rates fixed by the Deputy Commissioner, i.e., Rs. 1025/- per month with a stipulation that the expenditure will be debited to Sub-Head Common Room under Students Funds, Medical College, Rohtak. After more than 7 years of continuous service, the petitioner sent legal notice dated 1.2.2001 to Commissioner-cum-Secretary to Government, Haryana, Health Department and Director-cum-Principal, Pt. B.D. Sharma, PGIMS, Rohtak for regularisation of his service in accordance with the policy framed by the State Government by asserting that the services of similarly situated person, namely, Hari Singh had been regularised in pursuance of the direction given by the High Court. His claim was rejected by Chief Warden Hostel, Pt. B.D. Sharma, PGIMS, Rohtak on the grounds that he had not been appointed against a sanctioned post and that he was paid wages out of Students Funds and not from the College's Funds.
(3.) Shri S.P. Chahar relied on the judgments of the Supreme Court in G.B. Pant University of Agriculture and Technology, Pantnagar v. State of Uttar Pradesh, 2000 4 SCT 295 and of the Division Bench of this Court in Hari Singh v. State of Haryana and others,1998 2 RSJ 749 and argued that the petitioner is entitled to be regularised in service in accordance with the policy instructions issued by the Government of Haryana vide circular letter dated 7.3.1996 read with letter dated 18.3.1996. Shri Chahar submitted that appointment of the petitioner with the sanction of the Director and payment of salary at the rates fixed by the Deputy Commissioner are clearly indicative of the fact that he was employed in the service of the college and the mere fact that he was paid out of Students Funds cannot be made basis for denying him the benefit of the policy of regularisation.