AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners, who are the employees of the State of Haryana, have filed this petition for issuance of a writ of certiorari for quashing the impugned order dated 25.7.1996, Annexure P-6, regularising their services with effect from 31.12.1990 instead of 1.11.1986 and for issuance of a writ of mandamus directing the respondents to regularise their services in accordance with the instructions dated 16.2.1987, with effect from 1.11.1986 instead of 31.12.1990.

(2.) Petitioners were appointed in the Census Department of the Government of Haryana during the Census Operation in the year 1981. After the completion of the Census Operation, petitioners faced retrenchment and in the year 1983, in order to absorb the surplus employees of the Census Department, the Government took a policy decision and circulated the same vide letter dated 25.2.1983, relevant portion of which is reproduced as under :-

(3.) In the written statement filed, the main plea raised by the respondents is that the Government instructions dated 16.2.1987 are not applicable to the petitioner's case as the posts of the petitioners were under the purview of the Subordinate Services Selection Board (hereinafter referred to as 'the Board'); that in the Government instructions dated 16.2.1987, it has been mentioned that the services of ad hoc employees, other than Teachers working against the posts which had been taken out of the purview of the Board, who had completed two years of service on 1.11.1986 and were in service on that date may be regularised.