LAWS(P&H)-1999-1-41

V K KAPUR Vs. STATE OF HARYANA

Decided On January 19, 1999
V K KAPUR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The three appellants were recruited as Junior Engineers. Vide order dated December 28, 1991 a copy of which is on record as Annexure P-1, the appellants were promoted as Sub- Divisional Engineers on ad hoc basis for a period of six months. Despite a categorical direction in the order for ensuring that "the period of those ad hoc promotions does not in any case exceed 6 months", the appellants were somehow allowed to continue working as Sub Divisional Engineers. In the year, 1988, they approached this Court through a petition under Article 226 of the Constitution with the prayer that a suitable writ or direction be issued to quash the guide-lines laid down by the State Government in the letter dated August 12, 1988. They further prayed that the respondents be directed "not to give effect to the above guide-lines". The appellants also prayed that the respondents be directed to recognise them as "having been regularly promoted as S.D.Es and thus not liable to reversion."

(2.) The learned Single Judge considered the matter at length. Even the original record was sent for. On perusal of the record, it was found that since suitable persons belonging to source No. (4) viz. "member of the Haryana PWD (B&R) Selectional Officers (Engineering) Services and the Draftsmen and Tracers Service prossessing the qualifications prescribed in Appendix "B" were not available, 9 posts had been diverted for being filled up by direct recruitment. The learned Judge found that there was no merit in the writ petition. It was, consequently, dismissed. Hence this appeal.

(3.) Learned counsel for the appellants has been heard.