GORDHAN SINGH GULIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has prayed for quashing of the order (Annexure P-3) and also for quashing of the condition incorporated in the order (Annexure P-l) for automatic termination of his service.

(2.) On the basis of requisition sent to the Employment Exchange by the respondent No. 2, the petitioner, who is an ex-serviceman, was called for interview along with other eligible candidates, he was selected by the respondent No. 2 and was appointed as Machine Grinder Instructor in the pay-scale of Rs.1400-2600 on purely ad hoc basis for a maximum period ending on 30.6.1995 with a condition that he would stand relieved on the expiry of the term specified in the order of appointment. The petitioner joined duty on 30.3.1995 but on the basis of condition incorporated in the order of appointment, the petitioner was relieved from the service by the Principal, Industrial Training Institute, Rbhtak, on 29.6.1995.

(3.) The case of the petitioner is that incorporation of the condition for termination of service w.e.f. 30.6.1995 is in itself arbitrary and unconstitutional and the action of the respondents in bringing about an end his employment notwithstanding the availability of the post and work and notwithstanding the fact that the can-didates selected by the competent agency had not been made available, is arbitrary and unconstitutional and that he has a right to be continued in service till availability of the candidate selected by the competent agency. Reliance has been placed on the order dated 12.5.1994 passed in Civil Writ Petition No. 3037 of 1994 (Dr. Subedar Singh Arya vs. State of Haryana and others), he has also placed reliance on the order passed in Civil Writ Petition No. 8977 of 1994 (Sunil Kumar and others vs. State of Haryana and others). In both the cases, the conditions similar to the one incorporated in the order (Annexure P-l) have been declared to be unconstitutional.