HARMESH LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was appointed as a Class IV employee on purely ad hoc basis for 89 days in the Rural Dispensary (Public Health Centre), Takhatgarh, complains that his services were illegally terminated on May 22, 1988. He prays that the order of termination be set aside and he be reinstated with all back wages. The petitioner further prays that the respondents be directed to regularise his services.

(2.) The respondents contest the petitiner's claim. It has been pointed out that the petitioner had been appointed vide order dated August 19, 1987 "on purely temporary basis for a period of 89 days or till he is replaced by a recommendee of Employment Exchange or his work and conduct etc. is not found satisfactory whichever is earlier." It was specifically provided that his services will stand automatically terminated on the expiry of 89 days. After the expiry of this period, the petitioner was re-appointed for 89 days vide order dated November 12, 1987. On Feburary 19, 1988, another order granting an appointment for 89 days was passed in favour of the petitioner. Thus, he had worked from August 21, 1987 to November 17, 1987; from November 19, 1987 to Feburary 15, 1988 and from Feburary 23, 1988 to May 21, 1988 on purely ad hoc basis. It has been further pointed out that candidates whose names had been sponsored by the Employment Exchange as also the petitioner, were duly interviewed by the Departmental Selection Committee. The petitioner was not found suitable. The candidates who were selected on merit, were appointed. Since there was no vacancy, the contract of the petitioner's employment could not be renewed. Equally, he has no claim for regularisation. On these premises, it has been prayed that the writ petition be dismissed.

(3.) The only contention raised by the counsel for the petitioner is that the services were terminated illegally. The claim made on behalf of the petitioner was controverted by the learned counsel for the respondents.