SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of CWP No.10820 of 2004, Subhash Chand and others Vs. State of Haryana and others, CWP No.10821 of 2004, Vijay Singh and others Vs. State of Haryana and others and CWP No.8328 of 2005, Parkash Chand and others Vs. State of Haryana and another as common questions of law and fact are involved.

(2.) The prayer in these petitions is for counting of ad hoc service prior to regularization for purposes of grant of additional increments.

(3.) Benefits of additional increments were granted to the petitioners due to the fall out of the judgment of the Full Bench of this Court in Rakesh Kumar Singla Vs. State of Haryana, 1995(4) S.C.T 285 : (1995) 3 PLR 411 (FB) and were withdrawn following the judgment of the Supreme Court in State of Haryana Vs. Haryana Veterinary and AHTS Association, 2000 (4) SCT 664 overruling the Full Bench decision and, therefore, the benefit of ad hoc service prior to regularization is not available when appointments were not made in accordance with rules since under the scheme in Government instructions dated Aug. 7, 1992 it was decided to grant additional increment on completion of 8/18 years of regular satisfactory service instead of 10/20 years of service. Ad hoc service will not count towards regular satisfactory service on which the entitlement depends. It is for this reason that the benefit od additional increments were withdrawn by the department following the Finance Department, Haryana Instructions dated March 15, 2002 where the entire legal position has been taken into consideration including the judgments in Rakesh Kumar Singla and Haryana Veterinary and AHTS Association case.