STATE OF HARYANA Vs. SARAN LATA

JUDGEMENT

(1.) The instant regular second appeal has been preferred by the State of Haryana against the judgment and decree dtd. 10/6/1997, passed by the learned District Judge, Ambala, whereby the judgment and decree dtd. 22/8/1994, passed by the learned Sub-Judge Ist Class, Ambala Cantt., dismissing the suit of the plaintiff/respondent herein, has been reversed and it has been held that Saran Lata is entitled to resume her duties and the order passed by defendant No.2 is illegal, void and arbitrary, whereby she was terminated from her services, however, the appellants/defendants shall consider her case for regularization in terms of Instructions issued by the State of Haryana vide Instructions dtd. 27/5/1993, and on regularization, she shall be entitled to all consequential benefits as were given to the regular employees from the date of her services are regularized.

(2.) The brief facts of the case are that the plaintiff/re spondent was appointed as Labourer in the office of defendant No.2/Commissioner Ambala Division, Ambala Cantt. On 1/8/1987 and worked upto 22/3/1991. The services of the plaintiff were dispensed with as the work for which she was engaged on daily wages was over. The said termination was challenged by the plaintiff by filing a suit before the learned Sub-Judge Ist Class, Ambala Cantt, which was dismissed vide judgment and decree dtd. 22/8/1994, by recording the following findings:-

(3.) Aggrieved against the said judgment and decree dtd. 22/8/1994, the plaintiff filed an appeal before the learned District Judge, Ambala, which has been allowed vide judgment dtd. 10/6/1997 and the judgment and decree dtd. 22/8/1994, passed by the learned Sub-Judge Ist Class, Ambala, has been reversed by recording the following findings: