KRISHNA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as a clerk on November 27, 1984. This Appointment was on daily wages. After having worked for some time, the petitioner filed Civil Writ Petition No. 2680 of 1987 claiming parity in pay with the persons who were working on regular basis. This writ petition was allowed by a Division Bench of this Court, vide order dated September 11, 1987. The respondents were directed to pay to the petitioner the same salary and allowances as are paid to the regular and permanent employees of the department who are similarly situated as the petitioner. The petitioner alleges that soon after the acceptance of her claim by the court, she was transferred from Chandigarh to Kalka and thereafter vide order dated January 5, 1988, a copy of which has been produced as Annexure P.2, she was retrenched from service. Three months' salary in lieu of three months' notice along with 15 days' pay for each completed year of service was paid to her as retrenchment compensation. Aggrieved by this order, the petitioner has filed the present writ petition. She alleges that according to the instructions issued by the State Government vide letter dated February 19, 1979, a person who had worked for 240 days was entitled to be regularised. The petitioner having served for more than three years had, thus, a right to be appointed on regular basis. She also alleges that the action of the respondents is arbitrary and unfair. She has also produced on record of the award dated May 1, 1990 given by the Labour Court in Reference No. 488 of October 28, 1988 (Babu Ram v. General Manager Haryana Roadways), to show that the order of retrenchment passed in case of a person junior to the petitioner on August 20, 1987 was held to be illegal. Similarly, awards were given in the case of other employees as well. The five employees were reinstated vide order dated May 11, 1991.

(2.) The respondents were served long time back. They have not filed any written statement so far.

(3.) Counsel for the parties have been heard.