SWARAN LATA Vs. STATE OF HARYANA

JUDGEMENT

(1.) These petitions have been filed for issue of a mand;imus for quashing instructions contained in orders issued by the Government of Haryana on 7.8.1992 and 9.4.1994 and also for issue of a direction to the respondents to grant them additional increment on completion of 8 and 18 years of service by counting their stipendary/ad hoc/temporary service followed by regularisation.

(2.) In all these cases petitions, the petitioners have asserted that they are holding different posts in the Education Department of the Government of Haryana. Their further assertion is that since the dates of their appointment, they are continuously working without any break and their services were regularised by the Government after due consideration of the record record. Further assertion of the petitioners is that in terms of the policy decision of the Government, they have become entitled to the grant of additional increments on completion of 8 and 18 years of service but due to the incorporation of a condition in the policy decision that the service should be a regular service for the grant of additional increments, the petitioners are being deprived of this benefit. The petitioners have prayed that the requirement of regular service incorporated in the instructions issued by the Government of Haryana should be declared as void and should be quashed.

(3.) I have heard learned counsel for the petitioners-Shri Ravi Verma, Advocate and Shri R.N. Raina, learned Deputy Advocate General, Haryana, it may have been necessary for the Court to make a detailed examination of the various facets of the arguments of the learned counsel for the parties but in view of the fact that a Full Bench of this Court has decided the issue involving the interpretation of phrase 'regular service', it is not necessary to once again pass a detailed judgment. In its judgment, the Full Bench has held that the service which is countable for seniority in terms of the law laid down by the Supreme Court in The Direct Recruit Class II Engineering Officers' Association Vs. State of Maharashtra, AIR 1990 S.C. 1607 State of West Bengal and others Vs. Aghore Nath Dey and others, JT 1993(2) S.C. 598 and Chambel Singh Vs. State of Haryana, 1995(1) S.L.R. 1 shall count for the purpose of regular service. Those the Full Bench had given the judgment in the context of the instructions dated 2.6.1989 issued by the Government of Haryana in respect of Engineers and Doctors, in my view, the same principle would govern the employees of other Departments also.