ANKIT MEHLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of four cases, i.e., Civil Writ Petitions No.24327, 26801 of 2018 and COCP Nos.362 and 422 of 2019 as the questions of law and facts are identical and, therefore, are being decided together. The facts are being taken from CWP No.24327 of 2018. There are two sets of petitions filed by the petitioners claiming identical relief in seeking quashing of Advertisement No.4 of 2018 (Annexure P-7) dated 26.08.2018, whereby 37 posts of Laboratory Attendant (2 posts of Viscera Cutter in CWP No.26801 of 2018) were sought to be filled by the respondents allegedly in contravention of the Service Bye Laws as applicable to the petitioners with a further direction to fill up the post of Laboratory Attendant strictly in accordance with the Haryana Police Department (State Service Group-D) Service Rules, 2000 (for short, 2000 Rules).

(2.) It is alleged that, through regular process, petitioners on contract basis have been appointed in the office of respondent No.4 as Laboratory Attendant and drawing the salary/wages. They are discharging the duties to the satisfaction of the seniors for many years. Reference has been made to the chart (Annexure P-3) indicating the date of appointment along with date of birth. Mr. Vishal Gupta, learned counsel representing the petitioners in all the cases submitted that owing to the threat extended by the department to dispense with the services, petitioners were constrained to approach this Court vide CWP Nos.11509 and 11253 of 2013, whereby this Court protected the services of the petitioners by indicating that there shall not be discontinuation of the service replaced by another set of employees except through regular process and as such all the petitioners have been working and discharging the duties. Even some of the petitioners have been allotted Government accommodation, i.e., LIG type quarter.

(3.) It was further contended that this Court issued directions in case titled as Yogesh Tyagi and others Versus State of Haryana to fill up the vacancies on regular basis and also quashed the appointments of those persons, whose services were regularized by the State Government in pursuance to the regularization policy dated 16.06.2014, 18.06.2014, 07.07.2014 (Group-B) and 07.07.2014 (Group C and D). The Haryana Staff Selection Commission-respondent No.2 issued the advertisement, impugned, aforementioned, whereby the applications were invited to fill up the posts as noticed above fixing the qualification, i.e., education & experience as under:-