LAWS(P&H)-1997-11-125

SHIV CHARAN Vs. STATE OF HARYANA

Decided On November 25, 1997
SHIV CHARAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner prays that the appointments of respondents 5 to 32 as Safai Sewaks be quashed. It is alleged that the posts were filed up without the issue of any advertisement or notice to the public. The petitioner also alleges that even a requisition was not sent to the employment exchange. As a result, eligible candidates were deprived of the chance to apply and be considered. The action was thus violative of Articles 14 and 16 of the Constitution.

(2.) The respondents contest the writ petition. It has been pointed out that the Municipal employees had gone on strike in December, 1996. The State Government was confronted with a grave situation. To meet the emergent situation, the officers had to go from place to place to collect volunteers for joining the service and working as Safai Sewaks. The respondents had offered their services by "endangering their life at the hands of the striking employees....." In view of the peculiar situation, the respondents submit that there was no violation of Articles 14 and 16 of the Constitution.

(3.) Counsel for the parties have been heard.