BHAGWAN DASS GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated April 7, 1982 by which the Government had directed the Administrator Municipal Committee, Yamunanagar to terminate his services as a Sectional Officer (Civil). A few facts may be noticed.

(2.) Certain posts of Sectional Officers were advertised by the Subordinate Services Selection Board, Haryana. The petitioner was one of the applicants. He was selected and his name was recommended to the Public Works Department in the Buildings and Roads Branch. In the year 1972, the petitioner was appointed as a Sectional Officer. While he was working as such, he was sent on deputation to the Municipal Committee, Yamunanagar on September 9, 1974. In November 1975, the Government decided to abolish 20 posts of Junior Engineers in the Buildings and Roads Branch of the Public Works Department. The petitioner was one of those who were likely to be rendered surplus. The Government tried to accommodate him. Consequently his name was forwarded to the Irrigation Branch of the Public Works Department for adjustment. The petitioner was given a posting order in the Irrigation Branch at Sundarnagar. It appears that he requested the second respondent to adjust him. Consequently, vide order dated January 22, 1976, a copy of which was produced as Annexure P-1 with the writ petition, respondent No. 2 appointed the petitioner as a Junior Engineer on purely temporary basis. The pay which the petitioner was already drawing was protected. It was also observed that this appointment shall be subject to the approval of the higher authorities, if so required. His case was actually forwarded to the Government. Vide communication dated December 13, 1976, it was pointed out by the Commissioner and Secretary to Government, Haryana in the Local Self Department that the petitioner having been appointed on the recommendation of the Subordinate Services Selection Board, it was not necessary to obtain the permission from the Board for his absorption in the Municipal Committee. After the receipt of this communication, the Municipal Committee, Yamunanagar considered the matter in its meeting held on April 19, 1977. The following agenda item was placed before the Committee :-

(3.) A written statement has been filed on behalf of the State of Haryana. It has been inter alia stated by way of a preliminary objection that the petitioner had not disclosed the fact that certain posts had been abolished in the Buildings and Roads Branch. As a result, he was relieved of his duties on December 28, 1975 to join his new assignment in the Irrigation Branch. Consequently, he had ceased to be in service with effect from December 28, 1975. Respondent No. 2 had appointed the petitioner without notifying the vacancy either to the Employment Exchange or to the Subordinate Services Selection Board. The appointment given to the petitioner was on purely temporary basis object to the approval of the higher authorities. This appointment was illegal and violative of Rule 14. As such, directions for the termination of his services had been rightly given. Separate written statement on the same lines has been filed on behalf of respondent No. 2 as well.