MEWA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition by four persons, namely, Mewa Lal, Smt. Radhamma Nair, Smt. Kanta Dutta and Smt. Balbir Kaur under Articles 226 and 227 of the Constitution seeking a direction to the respondents to regularise the services of the petitioners and to pay their salaries from July 1994 onwards with interest.

(2.) Petitioners are the employees of the Indian Red Cross Society serving in the District Society at Kurukshetra. They are working as Family Planning Field workers at different places. Petitioner No. 1, Mewa Lal, was appointed in the year 1971. Petitioner Nos. 2 and 4 were appointed in the year 1982. Petitioner No. 3 jointed service in the year 1984. All of them are serving since then. They were appointed on temporary basis on a monthly salary. Appointment letters were issued to petitioners No. 1 and 2 (Annexures P-1 and P-2). No such letter was, however, issued to petitioners No. 3 and 4. Appointment of petitioner No. 1, Mewa Lal, was made subject to the approval from Director, Health Services, Haryana. He was also transferred from Fatehabad to Ladwa under instructions from the Director. He has put in more than 24 years in service. Petitioner No. 2 has served for more than 13 years.

(3.) The petitioners' case is that they are performing duty regularly but they have not been paid salary since July 1994. They were, however, informed that they had to bring three cases each for sterilisation every month. Since the target fixed in this regard for the centre has not been achieved, the Red Cross Society was not receiving grant-in-aid from the Director, Health Services, Haryana. The petitioners have claimed that they are not only entitled to salary every month but are also entitled to be regularised in service inasmuch as they have completed more than 13 years in service. Neither their services have been regularised nor they are being paid salary regularly. They have been instead threatened with termination from service.