SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only point which calls for determination in this case is whether the petitioner has a right to be considered for regularisation of his services w.e.f. 30th September, 1988, in accordance with the policy decision contained in the letter of the Chief Secretary dated April 6, 1990 (Annexure P-2).

(2.) There is no dispute between the parties that the petitioner was appointed in service as Junior Engineer on 17.12.1985 after his name was sponsored by the Employment Exchange. On the basis of instructions issued by the Governor of Haryana vide notification dated 28.2.1991, services of the petitioner came to be regularised w.e.f. 31.12.1990 vide order Annexure P-1 dated 10.2.1993 issued by the Director, Development & Panchayats Department, Haryana. The petitioner made representation for regularisation of his services w.e.f. September 30, 1988 on the basis of the instructions contained in the letter dated April 6, 1990 and as the respondents did not accept his request, he moved this court with a prayer that a writ of mandamus be issued to the respondents to regularise his services w.e.f. September 30, 1988 in terms of the instructions contained in Annexure P.2.

(3.) Prayer of the petitioner has been contested by the respondents on the ground that the instructions contained in the letter dated April 6, 1990, were not notified by the government and even though these may have been placed before the Supreme Court, no right can be claimed by the petitioner on the basis of those instructions. The respondents have pleaded that case of the petitioner was considered for regularisation of services in accordance with the instructions notified by the Governor of Haryana on 28.2.1991 and on being found suitable he has already been regularised w.e.f. December 31, 1990 and the petitioner has no right to be regularised from an earlier date.