DIN DAYAL GABA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Din Dayal Gaba joined as Sanitary Supervisor on 25.8.1960 in the Health Department of State of Haryana. He was promoted to the post of Health Inspector vide order dated 21.9.1971 of the District Malaria Officer, Hisar against a vacant post caused by resignation of Arjan Kumar, Health Inspector. Din Dayal took over as Health Inspector on 25.8.1971 and held this post eversince then. He was getting regular increments as Health Inspector. He was allowed to cross efficiency bar twice that came his way as Health Inspector. He passed the Sanitary Inspector's examination in June 1971 from the Medical College, Rohtak. He continued as Health Inspector for over 20 years but was not regularised against this post. He served notice upon the State of Haryana on 1.11.89 under Sec. 80 of Code of Civil Procedure seeking regularisation of his service as Health Inspector. In reply to that notice, he was informed by the Director General of Health Services, Haryana vide Memo dated 28.11.90 that he stood confirmed as Basic Health Worker with effect from 2.11.66. He through his counsel again wrote a letter pointing out that he had sought regularisation and confirmation as Health Inspector and not as Basic Health Worker. Vide order dated 28.11.1990, Director General of Health Services, Haryana directed him to undergo six months promotional training in the State Health and Family Welfare Training Centre, Rohtak. He represented that his promotional training was not necessary as he had already been working as Health Inspector. He was informed vide Memo dated 2.1.91 of the Director General of Health Services, Haryana that he was being shown in the cadre of Basic Multi-Purpose Workers (Male) in the record and he was working as Health Inspector in his own pay scale and he would be made regular supervisor only if he underwent the promotional training. He filed suit for declaration challenging the order dated 28.11.90 of the Director General of Health Services, Haryana conveyed to him vide memo dated 2.1.91 that he could not be called upon to undergo six months promotional training as he was already working as Health Inspector.

(2.) During the pendency of the suit, he was reverted as Laboratory Assistant vide order dated 27.6.91 of the Director General of Health Services, Haryana. He challenged that order also saying that he could not be reverted after a lapse of 20 years when he was holding the post of Health Inspector for over 20 years. Defendant-State of Haryana contested the suit urging that he was appointed as Sanitary Supervisor and was not promoted as Health Inspector. District Malaria Officer, Hisar simply posted him against a vacant post of Health Inspector because the previous incumbent Shri Arjan Kumar had put in resignation saying that he should be relieved within 24 hours. He (Plaintiff) was never allowed the scale of Health Inspector. Director General, Health Services, Haryana alone was competent to effect promotion to the post of Health Inspector. It was through mistake/inadvertence that he was allowed to cross efficiency bar of the post of Health Inspector on two occasions. It was a stop-gap arrangement in which he was put as Health Inspector to look after the work of that post in the emergent situation created by Arjan Kumar's resignation.

(3.) Sub Judge 1st Class, Hisar decreed the plaintiff's suit for declaration vide order dated 22.11.93 quashing thereby the order of the Director General, Health Services, Haryana calling upon him vide order dated 28.11.90 to undergo promotional training in the State Health and Family Welfare Training Centre, Rohtak. He quashed the order reverting him from the post of Laboratory Assistant in view of his finding that after a lapse of 20 years he could not be reverted and he could not be called upon to undergo promotional training as he was already Health Inspector.