BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Order annexure P/7 passed by the Director, Social Defence and Security Department, Haryana terminating the services of the petitioners has been called in question in this writ petition. The petitioners have prayed for quashing of the condition incorporated in the order annexure P/1 limiting the appointment of the petitioners to a period of six months. It has also been prayed that the order annexure P/7 be quashed and a direction be issued to the respondents to allow the petitioners to continue in service on ad hoc basis till regularly selected candidates are made available.

(2.) parties are in agreement that the petitioners had been appointed as drivers on ad hoc basis after respondent No. 2 had made selection from amongst the candidates sponsored by the employment exchange, Haryana and the Soldier Board, Haryana. One of the conditions enumerated in the order of appointment was that the ad hoc appointment would last for six months or till candidates recommended by the Subordinate Services Selection Board, Haryana join duty, whichever is earlier. After the expiry of the tenure of six months, respondents extended term of the petitioner service but vide annexure p/6, respondent No. 2 directed the termination of the services of the petitioners on the ground that as per the policy of the government, the term of services of the ad hoc appointees cannot be extended beyond a particular date.

(3.) The petitioners have questioned the condition incorporated in annexure P/1 as well as annexure P/7 on the ground of arbitrariness and violation of Articles 14 and 16 of the Constitution of india.