(1.) The instant Letters Patent Appeal has been filed by Ajmer Singh against the order dated 29.1.2014 passed by the learned Single Judge, whereby the writ petition (CWP No. 21633 of 2013) filed by the appellant seeking direction to the respondents to count the service rendered by him as Junior Engineer (Civil) in the Haryana State Minor Irrigation Tubewell Corporation Limited (hereinafter referred to as 'the Corporation'), has been dismissed. The order dated 26.7.2013 (Annexure P-8) passed by the Director, Development and Panchayat, Haryana (respondent No.2), rejecting the claim of the appellant, was also challenged in the said writ petition.
(2.) Though there is a delay of 51 days in filing the appeal and the appellant has filed application (CM No. 1955-LPA of 2014) for condoning the delay, yet we have heard learned counsel for the appellant on merits, and gone through the order, passed by the learned Single Judge.
(3.) In this case, the appellant joined as Junior Engineer (Civil) in the Corporation on 16.10.1979. The said Corporation was closed and services of the appellant were dispensed with, with effect from 30.7.2002. Subsequently, on a representation made by the appellant, he was appointed as Junior Engineer in the office of the Director, Development and Panchayat, Haryana, in the year 2006. The said appointment of the appellant was a fresh appointment, as is clear from Condition No.2 of his appointment letter, which has been re-produced in the impugned order passed by the learned Single Judge. The said Condition specifically provided that the appointment of the appellant was afresh and the appellant will be entitled to draw minimum pay of the post being offered. He shall not claim any benefit of the past service. The learned Single Judge, after considering the said Condition, has come to the conclusion that claim of the appellant for counting his past service was rightly rejected by respondent No.2. The contention raised by the appellant that some similarly situated employees were given the said benefit has also been considered and it has been found as a fact that those employees were not given fresh appointment, rather being surplus, they were transferred to other Departments, and in that situation, the benefit of past service was given to them.