SUNIL KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Vide this order three writ petitions Nos. 1940, 2239 and 8606 of 1993 are being disposed of as the question involved therein is common. In the first two writ petitions the petitioners were employed as Junior Engineers in the Municipal Committee in the State of Haryana. They challenge the cut-off date December 21, 1990 fixed in the notification issued by State of Haryana in the matter of regularisation of ad hoc and temporary employees. They also challenge orders of termination passed against them. In the third writ petition the petitioner was employed as Junior Engineer on ad hoc basis in PWD, Public Health Department, in the State of Haryana, and he, challenges the order of termination of his services.

(2.) In C.W.P. No. 1940 of 1993 Sunil Kumar is the petitioner. On August 13, 1990 he was appointed as Junior Engineer on ad hoc basis in the Municipal Committee, Ladwa Vide Annexure P. 1, letter of appointment. It contains the following condition-

(3.) Notification was issued by the State of Haryana on February 28, 1991-Annexure P.5 providing that such Class III posts as were held for a minimum period of 2 years on December 31, 1990 by Class III employees on ad hoc basis should be taken out of the purview of the Subordinate Services Selection Board and their services will be regularised if they would fulfil the conditions laid down therein. Their challenge to these instructions is on the basis of the Supreme Court decision in D.S. Nakara vs. Union of India, 1983 1 SCC 305, that the aforesaid date has been fixed arbitrarily. The services of the petitioners are required to be regularised. The order terminating his services as no longer required is illegal as the post still exists and so did the work on the post.