YOGVENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By filing the present writ petition, the petitioner has claimed his lien on the post of Science Master prior to his joining as Sub- Inspector on 21.12.2004 in the Haryana State Industrial Security Force.

(2.) The material facts of the case are that the petitioner secured the appointment to the post of Science Master through the Haryana Staff Selection Commission on 19.3.2002 and joined as Science Master at Government Senior Secondary School Chahar Kalan, Bhiwani on 21.3.2002. It was on 7.8.2004, the State of Haryana advertised the 80 posts of Sub-Inspectors of Police in Haryana in the Haryana State Industrial Security Force. In response to the same, the petitioner applied for the said post. The petitioner was selected and his name was recommended on 2.12.2004 by the Haryana Staff Selection Commission. The petitioner accepted the offer of appointment and accordingly resigned from the post of Science Master on 18.12.2004. The petitioner joined against the post of Sub-Inspector on 21.12.2004. On 29.6.2005, the State of Haryana repealed the Haryana State Industrial Security Force Act, 2003 vide the Haryana State Industrial Security Force (Repeal) Act, 2005 (Haryana Act No. 5 of 2005) and accordingly disbanded the Haryana State Industrial Security Force Battalions w.e.f. 29.6.2005. On 5.7.2005, the services of the petitioner was accordingly dispensed with by the State of Haryana. The various aggrieved and similar situated candidates challenged the aforesaid order of termination and filed various writ petitions in this Court, which are pending for final disposal. The petitioner also filed CWP No. 14626 of 2006 against the order of his termination, which stands admitted and has been ordered to be listed along with the Civil Writ Petitions filed by other candidates. The petitioner filed another CWP No. 18126 of 2006 before this Court seeking reinstatement against the post of Science Master under respondents. The Hon'ble Bench was pleased to dispose of the same with a liberty to the petitioner to file a detailed representation to the respondents and further directed the respondents to sympathetically decide the same within two months. On 6.12.2006, the petitioner made a representation to the respondents indicating that some of the petitioners, who have been similarly situated persons have been reinstated on the original posts on which they were working prior to their new selection/appointment. Therefore, he is entitled for the post which he had held prior to his joining the post of Sub-Inspector in the Haryana State Industrial Security Force. The representation of the petitioner was rejected on 19.2.2007.

(3.) Vide Annexure P-8, the matter was considered by the Government and it has been found that as per Rule 3.12 of the Punjab CSR Volume I, Part I a Government employee on subsequent appointment to any permanent post acquires a lien of the post. After resignation if the lien of a person is retained then he cannot come back in the service. However, if there is no lien retained then he cannot be allowed to rejoin. In the present case it is clear from the facts that no orders regarding lien were passed and sh. Yogvender Singh has hardly completed his probation in the Education Department when he resigned from his post. If Sh. Yogvender Singh was not confirmed on the post then after resignation he has no right to the appointed again on the said post. In view of the facts detailed above, the request of Sh. Yogvender Singh for allowing him to join, as Science Master cannot be entertained and his representation is, therefore, rejected accordingly. He is informed.