PRIKSHIT DAHIYA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) I have heard learned counsel for the petitioner at some lnegth and have perused the paper-book and the law cited.

(2.) Briefly put, the Programme Officer, State After Care Home, Sonepat invited applications by 12th May, 2015 to fill up one post of Counsellor, with which we are not concerned and one post of Pharmacist (Full Time) @ Rs.5,000/- per month (with which we are in this case) advertised with the qualifications and experience from eligible persons possessing 10+2 with Science (Physics & Chemistry) and Pharmacist Course from recognized institute. The petitioner applied for the post of Pharmacist. The interviews were held on 15th May, 2015. He was offered appointment vide letter of appointment dated 30th July, 2015 (Annex. P-2). The petitioner was thus appointed as a contractual employee and not as a regular government servant.

(3.) The State After Care Home is run under the aegies of the Integrated Child Protection Scheme (ICPS) which is a programme designed and implemented by the Government of India to help secure the safety of children, with a special emphasis on children in need of care and protection, juveniles in conflict or contact with the law and other vulnerable children for their welfare. The appointment was on contractual basis for a period of six months or till regular appointment is made by the Department. The working hours were 12.00 Noon to 8.00 PM. The petitioner joined on the same date and served on contract basis in his first spell till 29th January, 2016. In his second spell, after being relieved from the first six months' stint, he was re-employed on contract basis to serve from 3rd March, 2016 to 2nd September, 2016. Having been relieved again, he was offered with a fresh letter of appointment on contract basis to serve from 25th October, 2016 to 24th April, 2017. The 4th spell of contract was from 9th May, 2017 to 8th November, 2017. The petitioner was relieved again to serve under fresh letter of appointment from 13th November, 2017 to 12th May, 2018. There have been breaks in all these five spells with cumulative service of six months each totalling 2 1/2 years till the last offer of appointment vide letter dated 25th October, 2016, co-terminus on 24th April, 2017. It has been stipulated in the letters that the appointment is purely on contract basis for a period of six months or till regular appointment is made. He was issued an experience certificate on 6th December, 2017. His work and conduct was found satisfactory by the issuing authority i.e. District Programme Officer, Women and Child Development, Sonepat.