KRISHAN KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 22.7.2010, vide which Order No. 248 dated 2.9.1996, regularising services of the petitioner as Draftsman w.e.f. 1.2.1996 has been cancelled and the petitioner has been regularised as Surveyor. The consequential order regarding pay fixation has also been passed. Learned counsel for the petitioner submitted that the petitioner had been working as Draftsman with the department from 7.1.1991 onwards on daily wage basis. He was paid the wages of Surveyor. There was no difference in the wages of Surveyor and Draftsman. In terms of the policy for regularisation, the services of the petitioner were regularised as Draftsman, even though he was working on the post of Surveyor. Learned counsel further submitted that withdrawal of the order of regularisation of the petitioner on the post of Draftsman about 14 years thereafter is highly belated. The complaint against the petitioner was motivated. The petitioner had all along been working as Draftsman. His name was figuring in the seniority list. No body ever raised any objection, hence, at this stage, the order of regularisation of the petitioner on the post of Draftsman could not have been withdrawn.

(2.) On the other hand, learned counsel for the State submitted that the petitioner, in fact, was working as Surveyor on daily wage basis. In the wrong recommendation made, the name of the post was mentioned as Draftsman/Surveyor and the services of the petitioner were regularised as Draftsman. The matter came to the notice when a complaint was made, upon which enquiry was conducted. Thereafter, the report was supplied to the petitioner and after hearing him personally, the impugned order was passed finding that the petitioner having not worked on the post of Draftsman, was not entitled to be regularised as such, hence, there is no illegality in the impugned order withdrawing the order of his regularisation as Draftsman and treating him to be regularised on the post of Surveyor from the same date, i.e., 1.2.1996.

(3.) Heard learned counsel for the parties and perused the paper book.