SERVESHER DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were appointed as Pujaris at the Shri Mata Devi Shrine vide orders dated September 8, 1991. These appointments were made on a fixed pay of Rs. 50/- per day. Subsequently, the State Government issued instructions for regularisation of the services of persons working on ad hoc basis. Even instructions for regularising the services of persons appointed on daily wages are alleged to have been issued. In pursuance of these instructions, the petitioners represented that their services be regularised. The respondents having not passed any order in their favour, the petitioners approached this Court through CWP No. 4061 of 1997. This writ petition was disposed of vide order dated May 14, 1997. The third respondent was directed to consider and decide the representations submitted by the petitioners by passing a speaking order. In pursuance of these directions, the Chief Administrator of the Board considered the matter. Vide order dated August 4, 1997, a copy of which has been produced as Annexure P-10 with the writ petition, the petitioners' claim for regularisation of their services was rejected. Aggrieved by this order, the petitioners have filed the present writ petition.

(2.) We have heard Mr. Ashok Sharma Nabhewala, learned counsel for the petitioners. He has contended that when the Board had taken over the Management of the Shrine, no qualifications had been laid down. Even now only draft rules have been framed. Consequently, the condition of qualifications cannot be imposed on the petitioners for the regularisation of their services.

(3.) A perusal of the impugned order shows that at the time of submitting their applications for the job of Pujaris the petitioners had claimed that they possessed the following qualifications :-