RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this Regular Second Appeal the challenge is to the judgment of the First Appellate Court dated 17.11.1995 vide which the Court set aside the judgment and decree passed by the trial Court dated 22.7.1994 and dismissed the suit of the plaintiff.

(2.) The necessary facts for determination of the matter in issue are that one Shri Rajinder Singh claimed that he was appointed as a Radio Mechanic on regular basis and in accordance with rules with effect from 27.2.1967. He was granted all annual increments and was a member of the regular cadre and continued to serve for 13 years with the Government of Haryana. The Government issued a gradation list of Radio Mechanics as on 1.1.1988 vide their letter dated 9.6.1988 and the plaintiff was shown at Sr. No. 17 of the seniority list and other defendants No.2 to 9 in the suit, who were junior to the plaintiff, were shown senior to 'him. As the plaatiff had failed to pursue the matter successfully with the Government he filed a suit for declaration and consequential relief on 18.9.1990.

(3.) The stand of the Government before the trial Court was that the plaintiff was appointed purely on temporary basis and as adhoc employee and his services were regularised with effect from 1.1.1980 and that after the constitution of the Subordinate Services Selection Board, Haryana, the plaintiff had appeared before the Board and was appointed in a regular manner. There- upon his services were regularised and his seniority was accordingly fixed.