BABRU BHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner was engaged as Helper Electrician on daily wages as per order dated Feb. 10, 1993 in the Jind Depot of the Haryana Roadways. His appointment was made to come over the difficulties caused by the strike of the Regular employees. During the period of strike of Regular employees, the petitioner worked as Helper Electrician on daily wages. When the strike was over, the petitioner like other daily rated wages was sent out of the employment. By Annexure P-2 dated June 23,1995, the Government took a policy decision to absorb Helpers who were engaged during the period of strike after checking their papers pertaining to their qualification and experience against vacant posts. It was also provided that candidates who could be absorbed against vacant posts be kept in waiting-list. Petitioners papers were forwarded to the General Manager, Haryana Roadways, Rohtak, for absorption in terms of Annexure P-2 (policy decision). From Certificates (Annexures P-4 and P-5), it is seen that petitioner worked as Helper on daily wages from July 19,1995 to July 31,1995 and then from June 1,19% to June 30, 19% respectively. Thereafter, alleging that his services had been terminated, he had approached this Court inter-alia praying for the issuance of a writ of mandamus, directing the respondents to reinstate him in service as Helper and for regularisation of his service in such cadre.

(2.) Detailed written statement has been filed on behalf of Respondents 1 to 3. The stand taken therein is that there was no regular post of Helper in the office of the Haryana Roadways, Rohtak, for absorbing the petitioner. So, he was appointed as Helper on July 11,1995 on casual basis. It is alleged that he was not so absorbed after verification of his records. He absented himself from duty w.e.f. June 6,19% and that in spite of the telegram dated Aug. 28, 1996, he did not report for duty. Regarding certificates, Annexures P-4 and P-5, it is averred that they were issued for the purpose of free travel concession in Haryana Roadways. As per the instructions issued by the Government, a daily wage employee can be regularised if he has three years of service as on Jan. 31,1996.

(3.) It is conceded before us by learned counsel appearing for either side that the "petitioner has been reinstated as Helper in Haryana Roadways, at Rohtak, on Dec. 25, 19%. Therefore, petitioners prayer for direction to reinstate him in service has become infructuous The question remains to be considered is whether he (petitioner) is entitled to be regularised in the cadre of Helper. From the judgments (Annexures P-8 and P-9), it is clear that daily-wage Helpers have been regularised in the service of the Haryana Roadways. If petitioner is similarly situated like the petitioners in the above two decisions, who have been regularised and have been named in this writ petition, we do not find any reason for denying the petitioner (in this petition) the same relief. Hence, the respondents are directed to examine this issue and to pass an appropriate speaking order, in accordance with law, as expeditiously as possible.