ATTAR CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17. 8. 1987 passed by the learned Single Judge directing the respondent Nos. 1 to 3 to regularise the services of the writ petitioners (now respondent Nos. 4 and 5) on the posts of Assistant Foreman Electrical from the date of regularisation of the services of their juniors and to grant them consequential benefits like promotion, arrears of salary, fixation of pay, seniority etc. on the assumption that their services were regularised on the posts of Assistant Foreman Electrical and not on the posts of Electrical Chargeman.

(2.) ON 1. 2. 1974, the Commissioner and Secretary Government of Haryana, Public Health Department conveyed the Governor's sanction for grant of various service benefits to the existing employees including conversion of ,450 work-charge employees of Public Works Department, Public Health Department into regular cadre and regularisation of work-charge employees. The relevant extract of the memo No. 329-PW-III (4)-74/3105, dated 1. 2. 1974, reads as under :- From The Commissioner and Secretary to Govt Haryana, Public Health Department, To The Chief Engineer, Haryana, P. W. D. Public Health Branch, Chandigarh Memo No. 329-PW-III (4)-74/3105, dated 1. 2. 1974. Subject: Regularisation of the work charged employees of the Haryana State P. W. D. Public Health Branch. Reference your memo No. 16/71/t. A.-11134, dated 3. 10. 1973, on the subject noted above. xx xx xx xx Sanction of the Government of Haryana is also conveyed to the conversion of 450 work-charged employees of P. W. D. Public Health Department as shown in the enclosed statement of regular cadre on the bask of seniority subject to the following conditions : (a) A work charged employee has put in more than 5 years service in the work charged capacity and his seniority will be kept in view. (b)His antecedent will be verified and he will also undergo medical examination for fitness before he is brought oh regular Estt. (c)Every work charged employee will be placed on probation for one year. During probation period his antecedents will be verified and medical examination conducted. In case during the year of probation, it was found that the antecedent or Health of any employee was not satisfactory he would not be regularised. Sd Deputy Secretary, for Commissioner and Secretary to Govt. Haryana Public Health Department. Copy. of Endstt. No. 16-71/t. A. /459-86-PH/ga/iv dt. 20. 4. 1984, from the Chief Engineer, Haryana, P. W. D. Public Health Branch, Chandigarh. xx xx xx xx FOR SUPERINTENDING ENGINEERS AMBALA CANTT ONLY. He is requested to please issue necessary orders for the regularisation of work charged employees as per instructions contained in para, 5 of the Govt. letter immediately under intimation to this office. Receipt of this letter may be acknowledged.

(3.) ON 27. 5. 1980, the government sanctioned conversion of the work charged posts into regular posts and regularisation of the services of work-charged employees, who had completed 5 years service. For implementing this policy decision of the government, the Commissioner and Secretary, P. W. D. Public Health Branch, Haryana, issued instructions vide memo No. 3/126/80-PH (2), dated 14. 7. 1980. The relevant extract of this memo is reproduced below. From The Commissioner and Secretary to Govt. Haryana, P. W. D. Public Health Branch. To The Engineer-in-Chief, Haryana, P. W. D. P. H. Branch, Chandigarh. Memo No. 3/126/80-PH (2) Dated Chandigarh, the 14th July, 1980 Sub: Regularisation of work charged employees. Please refer to our memo No. 74-36/7/ (7)/372-PH/gi, dated 9. 5. 1980 and Sh. Rajeshwar Lal's D. O. Letter No. 413-PH/gi, dated 8. 7. 1980, on the subject noted above. It has already been decided by the Govt. with the concurrence of the Finance Department (a copy of the Finance Department advice already sent to you vide this Department endorsement No. 3/136/80-PH (2), dated 27. 5. 1980, for taking further action) the service of the work charged employees who have completed 5 years of continuous services pa 31,12. 1978 should be regularised. It has been decided by the Govt. that Sub Division/division wise strength of the employees should be fixed in order to ensure that as, a result of regularisation of work charged employees to the extent beyond the number of work charged employees made regular. xx xx xx xx. "