SINGH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, in the instant writ petition, prays for quashing of an order, dated August 22, 2000 (Annexure P9) whereby and whereunder the Civil Surgeon at Kurukshetra held that the petitioner was not entitled to regulansation firstly because he had not completed 5 years of continuous service with effect from March 17, 1997 to February 1, 1999 and secondly, because the petitioner had not been appointed through the Employment Exchange or after obtaining no objection certificate. Upon setting aside/quashing of the aforementioned order, dated August 22, 2000, the petitioner further prays for issuance of a writ of mandamus directing and commanding upon the respondents to regularise his services with effect from February 1, 1999 together with all consequential benefits.

(2.) The facts which are necessary to be looked into for the purposes of adjudication of this case are that the petitioner was initially appointed as a Mali in the Department of Health Services, Government of Haryana, in October 1984 and was posted in the Community Health Centre, Ladwa. About 8 years thereafter, i.e., on March 30, 1992, his services were terminated. Being aggrieved, the petitioner raised a dispute which culminated in reference case No.93 of 1993 before the Labour Court, Ambala. The said Labour Court by an award, based on compromise, disposed of the same after taking into consideration the statement of the petitioner which reads as follows:

(3.) In response to the aforementioned statement of the petitioner, one Dr. Usha Sharma, Deputy Chief Medical Officer, I Kurukshetra also made a statement before the same Labour Court in the following terms and which is quoted here below: