YASH PAUL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Director Technical Education, Haryana had sent requisition to the Employment Exchange to fill up one vacancy of the Programmer on ad hoc basis, for which interviews were held on November 20, 1990. The petitioner, whose name had been duly recommended and forwarded by the Employment Exchange, was interviewed and selected. It may be observed here that he was given the post of System Analyst (Programmer). The appointment letter is of December 11, 1990. Annexure P-1 is a copy of letter appointing the petitioner as System Analyst (Programmer) on ad-hoc basis.

(2.) The petitioner apprehending termination of his services, filed Civil Writ Petition No. 7865 of 1991 which was decided by Division Bench on September 18, 1991 by passing the following orders :-

(3.) On September 19, 1992, on Md. Ishtique Ahmed joined the department as System Analyst. The Principal, Haryana Polytechnic Nilokheri wrote to the Director, Technical Education Haryana, Chandigarh on the same day i.e. September 19, 1992 (Ann. P. 3) that Md. Ishtique Ahmed had joined as System Analyst and the petitioner who had been appointed/posted as System Analyst (Programmer), had been retained in service against the vacant post of Programmer. He sought the order for adjusting the petitioner against the post of Programmer. However, the petitioner's services were terminated on October 12, 1992 (Ann. P. 5). In this order it was mentioned that the petitioner's services were being terminated as System Analyst w.e.f. October 12, 1992 (A.N.). According to the petitioner, the order of this Court issued in C.W.P. No. 7865 of 1991 still in operation, the termination order was in violation of the same, the respondents were guilty of contempt. The petitioner filed a contempt petition which was disposed of with the directions that the petitioner's case may also be considered alongwith others for the appointment to the post of Programmers. The order appointing the petitioner as Programmer was issued on February 1, 1993 and he joined on February 2, 1993. The petitioner claims that he having rendered more than two years continuous service as on March 31, 1993, is entitled to regularisation against the post of Programmer in terms of Haryana Government instructions dated May 27, 1993.