STATE OF HARYANA AND OTHERS Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 20.07.2015 whereby the order of termination dated 26.02.2014 of the writ petitioner was set aside holding the same to be punitive in nature having been passed without conduct of regular inquiry.

(2.) When the present Letters Patent Appeal came up for hearing before this Court on 28.08.2015, learned State Counsel has raised an argument that the writ petitioner was appointed on contract basis, thus, the rules as are applicable to the regular employees are not available to the writ petitioner. In view of the said argument raised, operation of the impugned order was stayed.

(3.) Learned counsel for the respondent has argued that the said contention is incorrect as the petitioner should be deemed to be a regular employee. It is pointed out that writ petitioner was one of the petitioner whose writ petitions were decided on 24.01.2008, the main judgment being in CWP No.5289 of 2007 titled Ashok Kumar and others v. State of Haryana and others. In the said judgment, there was a direction issued by the Division Bench that the petitioners shall not be substituted by other contractual employees. The appeal against the said order before the Hon'ble Supreme Court was disposed of on 21.01.2013, when the following order was passed:-