LACHHMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner in this case was initially appointed as Assistant Pump Operator on 23rd January, 1988 on daily wages basis and had been employed on daily wages with respondent No. 3 till the work relating to water supply and sewerage was transferred to Public Works Department (Public Health). In terms of Notification dated 21st April, 1993 (Annexure P.1), the Governor of Haryana entrusted all functions, duties and responsibilities of Municipal Committees relating to Water Supply and Sewerage to the P.W.D. (Public Health) Department from 2nd April, 1993. The Municipal Committee, Hodal vide orders dated 12th April, 1993 (Annexure P-3) directed the petitioner and 13 other employees to report for duty to the Sub-Divisional Officer, Public Health, Hodal. The Sub-Divisional Engineer, Public Health, Hodal vide his Memorandum dated 12th April, 1993 (Annexure P-4), however, refused to allow six employees including the petitioner to joint the duty on the ground that those employees were not acceptable to his office. It may be pointed out that no ground whatsoever was given for non-acceptance of the aforesaid six employees including the petitioner. Since the petitioner was not allowed to join the duty, the present petition has been filed by him.

(2.) In para 8 of the written statement filed on behalf of respondents Nos. 2 and 4, it has been stated that only six employees whose services were essentially required by the Public Health Department were taken by respondent No. 4.

(3.) I have heard the learned counsel for the parties and have perused the record. Admittedly, the present case is covered on all fours by the decision dated 16th February, 1995, rendered by a Division Bench of this Court in C.W.P. No. 9535 of 1994 (Braham Chand v. State of Haryana). The facts in the said case were similar to the facts of the present case. It is also admitted by the learned counsel for the parties that the petitioner had put in more than five years service as on 31st March, 1993 and was entitled to be regularised in terms of the policy decision taken by the Government letter dated 27th May, 1993. In the case of Braham Chand the Division Bench held that the staff engaged on daily wages basis by the Municipal Committee were transferred to the Public Health Department on deputation for one year as per instructions of the Government but thereafter they could not be relieved by the said Department on the ground that they were sent on deputation for one year only. Accordingly, the Municipal Committee, Palwal, was directed to regularise the services of the petitioners in that writ petition, in accordance with the instructions contained in Circular letter dated 27th May, 1993. The Division Bench, however, directed that after the petitioners were regularised in service by the said Committee, the Public Health Department should take steps for their absorption in the Department. In view of the decision rendered by the learned Judges of the Division Bench, the writ petition is allowed and the relieving order (Annexure P-3) qua the petitioner is quashed. The Municipal Committee (respondent No. 3) is directed to regularise the services of the petitioner in accordance with the instructions contained in circular letter dated 27th May, 1993 within two months of the receipt of the certified copy of this judgment and after the services of the petitioner are regularised by the said Committee, the Public Health Department is directed to take steps for petitioner's absorption in the Department. The petitioner shall be deemed to be in continuous service from 12th April, 1993 and shall be entitled to all the benefits thereof. The parties are, however, left to bear their own costs.