HARI SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is the second round of litigation forced upon the petitioner on account of the failure of the respondents to lake appropriate action in compliance of the order dated 31.3.1997 passed by this Court in CWP No. 16872 of 1996 Suresh Kumari and Hari Singh Vs. State of Haryana and others.

(2.) The facts necessary tor deciding whether the orders Annexures P-5, P-6 and P-9 passed by the respondents No. 3 and 2 should be quashed or not are that by an order dated 4.1.1938 passed by the Principal, Government National College, Sirsa, the petitioner was appointed as Clerk on temporary basis for a period upto 31.3.1988. This order was preceded by the selection made by a duty constituted Selection Committee from among the candidates whose names were sponsored by the Employment Exchange, Sirsa in response to (he requisition sent by me respondent No.3. After having served as Clerk for over 7 years, the petitioner tiled CWP No. 16872 of 1996 along with Suresh Kumari, who too was serving as Clerk in the College. That petition was disposed of by the High Court on 31.3.1997 with the direction to the respondents to consider the petitioners for regularisation of service against the vacant posts. The operative portion of that order is reproduced below.

(3.) In the purported compliance of the direction given by the High Court, the respondent No. 2 passed the impugned order dated 5.6.1997 refusing to regularise the services of the petitioner. In the meantime, the Principal of the College issued order Annexures P-5 and P-6 relieving the petitioner from duty and requiring him to hand over the charge of the post of Clerk. The petitioner has challenged the impugned orders on the ground of arbitrariness, non-application of mind and violation of the Court's order.