PHOOL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this Letters Patent Appeal is to the judgment of the learned Single Judge, dated 19.2.2003.

(2.) The appellant was appointed as a clerk on daily wages on 18.9.1985 in the office of Chief Conservator of Forests, Haryana and was paid wages @ Rs.20.50 per day. However, no wages were paid for Saturdays, Sundays and other gazetted holidays. Subsequently, he was appointed on a fixed pay of Rs.660/- per month with no deduction of wages for Saturdays, Sundays and other gazetted holidays. His salary was subsequently enhanced to Rs.713/- per month. However, his services were terminated on 13.1.1988.

(3.) The appellant impugned his termination before this Court. The learned Single Judge, vide the impugned judgment, dismissed the writ petition by holding that the appellant was not entitled to the relief of regularization and the plea of violation of Articles 14 & 16 of the Constitution of India, was not available, as the appellant had not been appointed, after considering competing claim of all other persons eligible for the post from open market. It was also held that as no scheme of regularization covered the case of the appellant, he was not entitled to reinstatement or regularization.