HANS RAJ YADAV Vs. STATE OF HARYANA ETC.

JUDGEMENT

(1.) I have heard the learned counsel for the parties at length and perused the paper-book.

(2.) The petitioner possessed the qualification of Diploma in Hotel Reception and Booking Keeping from Haryana Institute of Catering & Hotel Management, Panipat, in the year 1991. On 25.5.1992, he applied to the Haryana Tourism Corporation (hereinafter referred to as the Corporation) for appointment as trainee. He was given an offer of appointment as Waiter Trainee, which was accepted by the petitioner. The training period was never extended. He was permitted to continue in service, on the basis of the directions issued by the Managing Director of the Corporation. After a period of four years, in 1996, the petitioner alongwith some other employees who were similarly situated, filed CWP No. 18474 of 1996 seeking regular appointment from the date they had completed their training successfully. The writ petition was admitted. On 27.11.1997, the employees apprehending that their services may be terminated moved an application for stay. This Court, by order dated 27.11.1997 stayed the termination of the employees which included the petitioner. In Jan., 1999, 139 posts of Waiter and 33 posts of Counter Incharge were sanctioned by the Haryana Government. These posts were advertised by the Corporation on 27.3.1999. In the meantime, on 1.6.1999, the writ petition was allowed with the following directions :

(3.) The Corporation filed Letters Patent Appeal No. 866 of 1999 against the aforesaid judgment. The judgment of the learned Single Judge was upheld with the modification in the direction which had been issued by the learned Single Judge. The order of the Division Bench is as follows :