LAWS(P&H)-1995-7-55

RAKESH KUMAR SINGLA Vs. STATE OF HARYANA

Decided On July 21, 1995
Rakesh Kumar Singla Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) WHETHER the service rendered as a result of ad hoc appointment could be counted for the purpose of 12 years' regular service in the context of Circular No. 6/38/3PR(FD) -87, dated 2.6.1989 of the Government of Haryana? This is the short question that has been posed for consideration. To appreciate the context in which this question has arisen, the facts may be briefly noticed.

(2.) ON January 4, 1980, the petitioner was appointed as an Assistant Engineer on ad hoc basis. On being selected by the Haryana Public Service Commission, he was given regular appointment order dated January 29, 1982. On January 15, 1992 the petitioner made a representation that he having been appointed on January 4, 1980 had completed 12 years of service and was entitled to the grant of selection grade of Rs. 4100 -5300 in accordance with the policy decision notified by the Government of Haryana vide letter dated June 2, 1989. The Government did not accept the petitioner's claim. He has consequently, approached this Court through the present writ petition. The petitioner rests his claim not only on the letter dated June 2, 1989 but also on the three decisions of different Division Benches of this Court in Ajit Kumar Jain v. State of Punjab, 1992(1) R.S.J. 362, Brish Bhan Mittal v. State of Haryana, Civil Writ Petition No. 6235 of 1993. decided on September 17, 1993 and Suresh Chander Chhabra v. State of Haryana, Civil Writ Petition No. 389 of 1994 decided on August 30, 1994.

(3.) ANOTHER case viz. Civil Writ Petition No. 5716 of 1994 (Gian Singh and Ors. v. The State of Haryana etc.) was also listed before their Lordships. The case having been adjourned to await the decision in Civil Writ Petition No. 15034 of 1994, an application for permission to intervene has been made by Mr. K.K. Jagia, learned counsel for M/s. Gian Singh etc. The Bench heard the counsel in both these cases.