RISAL KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition is to the order Annexure P.1 dated 8.4.1988 terminating the services of the petitioner and to regularise his services with effect from 1.11.1986 in terms of the policy decision dated 16.2.1987 Annexure P.2 framed by the State of Haryana to regularise the services of Class-III employees who had completed two years' service as on 1.11.1986. Shortly stated the facts are :-

(2.) Petitioner was appointed on 7.4.1983 to Class-III post as a Clerk on ad hoc basis. He continued to work in that capacity till 28.9.1984, on which date his services were terminated. On a representation filed by the petitioner, he was reinstated in service as a Clerk on 20.3.1985. He was granted continuity in service and the intervening period during which he remained out of service was ordered to be treated as leave of the kind due. Thereafter, the petitioner continued to work as Clerk till 8.4.1988. He had completed five years service on the date his services were terminated. Order of termination has been attached as Annexure P.1.

(3.) State of Haryana issued a policy decision Annexure P.2 dated 16.2.1987 to the effect that the services of Class-III ad hoc employees who had completed two year services as on 1.11.1986 be regularised. One of the conditions laid down in this policy decision was that the services of those employees were to be regularised who were working against the posts which had been taken out of the purview of the Subordinate Services Selection Board (hereinafter referred to as the Board). Since the petitioner was working against a post which was within the purview of the Board, his services were not regularised. In this backdrop of facts, the present writ petition was filed challenging the order of termination Annexure P.1 inter alia on the ground that the petitioner had completed more than two years of service as on 1.11.1986 and was thus entitled to be regularised, that the condition in the policy decision that only such Class-III ad hoc employees shall be regularised whose posts were out of the purview of the Board was arbitrary and was liable to be struck down.