DEVI CHAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS is a petition of writ and the Respondents are the State of Haryana, the State of Punjab, the Provincial Transport Controller and the General Manager, Haryana, Roadways, Chandigarh.

(2.) THE facts giving rise to the petition are that the Petitioner Devi Chand was serving as a black -smith under the General Manager, Punjab Roadways at Chandigarh before the reorganisation of the Punjab State. He had been in service for about three years prior to the reorganisation. It is stated in the petition that after reorganisation, his services were allocated to the Haryana State and Respondent No. 4 had posted him in that State where he worked for a period of a month and a half. After having served for about six weeks, ha was informed by the Haryana authorities, that he had been relieved of his duties and that since his allocation was in the Punjab State, he should go and report for duty to the General Manager, Punjab Roadways, Chandigarh. Accordingly, the Petitioner reported himself for duty to the General Manager, Punjab Roadways at Chandigarh, but the latter refused to accept him and directed him to report back to the General Manager, Haryana Roadways (Respondent No. 4). Instead of deciding one way or the other, the General Manager, Haryana Roadways, did not take any notice for considerable time. The Petitioner submitted a representation to the Provincial Transport Controller, Haryana (Respondent No. 3). This officer referred the Petitioner to Joint Provincial Transport Controller, Haryana. By order, dated 28th December, 1966, the Petitioner was directed by the Joint Provincial Transport Controller, Haryana, to report himself for duty to the General Manager, Himachal Government Transport, Simla, on the ground that his services stood allocated to Himachal Pradesh. A copy of the order of the Joint Provincial Transport Controller, Haryana, is Annexure 'A' and is to the following effect: -

(3.) THE Petitioner also submitted a representation on 25th of March, 1967, to the Secretary, Transport, Haryana, and he called for the comments of Respondent No. 3. but no such comments were sent and the Petitioner received no information as to the fate of his representation. On 9th of May. 1967. a notice demanding justice was submitted by the Petitioner to Respondent No. 1, the State of Haryana. and to Respondent No. 3, the Provincial Transport Controller, Haryana. The Provincial Transport Controller, Haryana, addressed a letter to the Secretary to Government, Haryana, Transport Department, with a copy to the Petitioner's advocate to the effect that Shri Devi Chand stood allocated to Punjab Roadways and that being the case, he was relieved and directed to report to the General Manager, Punjab Roadways. The responsibility of absorbing him was that of the Punjab State.