LAWS(P&H)-1995-9-143

KULBHUSHAN Vs. STATE OF HARYANA

Decided On September 20, 1995
Kulbhushan Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner is seeking the issuance of a writ of certiorari to quash the order issued to the petitioner on 10.7.1995 (Appendix P.6) relieving him from the duties as Mali-cum-Chowkidar.

(2.) The petitioner got himself registered with the Employment Exchange, Naraingarh on 16.10.1992. Thereafter, he was appointed as Mali-cum-Chowkidar in the office of Block Development & Panchayat Officer, Naraingarh, District Ambala on 17.8.1991. His services were terminated on 26.4.1994 whereupon he filed a writ petition in this Court in C.W.P. No.4522 of 1994. The writ petition was allowed by this Court on 3.9.1994 and the order dated 26.4.1994 terminating the services was quashed. Thereafter, because one A/ad Singh was appointed as Mali-cum-chow-kidar, the services of the petitioner were terminated as the said Azad Singh had joined as Mali-cum- Chaukidar. Therefore, the petitioner filed this writ petition for quashing the order dated 10.7.1995 (Appendix P.6).

(3.) The 3rd respondent, Block Development & Panchayat Officer filed a written statement on behalf of respondents 1 to 3. It is stated in the written statement that the petitioner was working since 1991 with some notional breaks as Mali-cum-chow-kidalr in the office of the 3rd respondent. But according to the written statement, as the Joint Secretary to Government, Haryana, Development and Panchayat Department issued letter dated 30.6.1995, appointing Azad Singh as Mali-cum-Chowkidar and since said Azad Singh joined in the office of the respondent, the services of the petitioner were dispensed with as no longer required. It is further stated that the High Court held that the services of the petitioner cannot be regularised and the petitioner was appointed as daily wager and therefore his services were terminated when Azad Singh had joined the services and therefore, the writ petition be dismissed.