Court : Punjab and Haryana
Reported in : (2005)140PLR711
tapen sen, j.1. the two petitioners herein were called for interview as they possessed necessary qualifications and also the eligibility as their names were duly registered with the employment exchange. since regular vacancies of lecturer in the subject 'biology' were lying vacant in the government college at mohindergarh, the respondents decided to fill up these posts by making ad hoc appointments on a three months basis by inviting eligible applicants from the employment exchange, it is in that context that the petitioners have stated in paragraphs 3 and 4 that they were called for interview. subsequently, it has further been stated, that they were both selected on the basis of merit and appointment letters were issued, it has further been stated in paragraph 4 that one such appointment letter dated 21.10,1988 pertaining to the petitioner no. 1 was issued and the petitioner no. 2 was also appointed on identical terms on 16.8,1988. the appointment letter pertaining to the petitioner no. 1 is annexure im. the petitioner no. 2 however, has stated that from the terms and conditions of the appointment letter as contained in annexure p-l the appointment was shown as part-time appointment of lecturers on consolidated salary and this consolidation of salary was illegal because no regular pay scale was given as was done in the ease of other lecturers, the petitioners have also stated that both of them were appointed against regular permanent vacancies and that they were attending .....
Tag this Judgment!Court : Punjab and Haryana
order1. this petition has been filed by thirteen employees working as clerks in the office of deputy commissioner, karnal and seeks quashing of condition of passing the type test in hindi or english, contained in the letter of promotion dated 6.2.2002, which stipulates that if the type test is not passed, they will not get the annual increment. since the said condition has been incorporated on the basis of haryana revenue department district subordinate (group-c) service rules, 1988 (for short, 'the rules'), challenge has also been made to the said rules. 2. we have heard learned counsel for the parties and perused the record. 3. contention raised on behalf of the petitioners is that rule 7 read with appendix 'b', laying down qualification for the post of clerk, was discriminatory qua promotees, as the condition of annual increment has not been made applicable to the direct recruits. the relevant extract from the said appendix is as under:10. clerk in the case of direct recruitment - (i) matric ist division or higher secondaryor its equivalent (ii) knowledge standard. of hindi upto matric (iii) knowing 25/30 words typewriting in per minutehindi or respectively. english at the speed of in the case of promotion, - (i) matric (ii) five years experience as group-c or group-d employees.(iii) to pass departmental test in hindi or english at the speed of 25/30 words per minute, respectively within a period of one year from the date of appointment failing which annual increment shall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR576
a.p. chowdhri, j.1. the question raised in this writ petition is whether the period of ad hoc service which is followed by regular appointment is to be counted for purposes of seniority?2. brief facts giving rise to this question are that the petitioner was appointed as lecturer in management, government institute of management and pharmacy, on september 17, 1985, vide appointment letter annexurep-1. the appointment was purely on ad hoc basis for a period of six months or till the recommendees of haryana public service commission joined, whichever was earlier. the petitioner continued to serve respondent no.2 by virtue of the extension given from time to time. his services were regularised with effect from january 1, 1991.3. further case of the petitioner is that respondent no. 3 was also appointed on adhoc basis on september 27, 1985 i.e. after about 10 days of petitioner's appointment of ad hoc basis are he too was regularised in terms of the policy decision of the state government. the petitioner claimed to be senior to respondent no. 3 on the ground that he had been continuously officiating for a longer period and the service rendered by him on ad hoc basis was required to be counted for determining his seniority.4. in the written statement filed by the official respondents 1 and 2, it has been stated that the name of respondentno. 3 was recommended by the haryana public service commission and he was appointed on regular basis vide government letter dated december 4,1987, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1995)109PLR152
n.k. kapoor, j.1. whether service rendered by a person on adhoc basis is to be counted for the purpose of determining his seniority in the cadre is the question referred to the full bench in view of the conflict in the judgments in cases sohan lal v. state of haryana, 1992(4) s.l.r. 190 and des raj v. the state of haryana and ors. cwp no. 8063 of 1991.2. to examine the question referred to, it would be appropriate to keep in mind the salient facts of one of the writ petitions. since division bench in civil writ petition no. 5592 of 1989 has referred this law point for consideration by a larger bench, salient facts of this writ petition are given in a summarised manner.3. chambel singh joined as sub inspector in food & supplies department, haryana on adhoc basis on 9.11.1967 and continued to serve the department till his services were terminated on 14.10.1971. the order of termination was challenged by the petitioner and others by filing writ petition bearing no. 4137 of 1971 in which the motion bench by way of interim relief stayed the oparation of the impugned order of termination. subsequently, petitioner and the like of him were given appointment as sub inspector on temporary basis with a specific stipulation that their services are liable to be terminated as soon as persons recommended by the service selection board join and otherwise too without any notice and without assigning any reason. later on, service selection board recommended the name of the petitioner to be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)108PLR415
harjit singh bedi, j.1. by this judgment we propose to dispose of c.w.p. nos. 2621 of 1985, 4120 of 1987, 15340 and 16828 of 1992. the facts have been taken from c.w.p. no. 16828 of 1992.2. the petitioner was appointed as tehsil sanitary inspector in may 1964 and confirmed as such with effect from november 2, 1966. he was promoted as chief sanitary inspector in may 1976 and vide notification dated july 9, 1977, annexure p1 to the petition was conferred the additional powers of food inspector under the provisions of the prevention of food adulteration act, 1954 (hereinafter called the 'act'). it has been averred by the petitioner that his services were governed by the punjab public health department subordinate posts (recruitment and conditions of service) rules, 1940 (hereinafter called the '1940 rules') and rule 5 provides for the method of appointment to the posts shown in appendix a thereto. reliance has also been placed on section iv to appendix a to the 1940 rules to show that the post held by the petitioner i.e. chief sanitary inspector was the highest post in the cadre of the petitioner and that no further promotion was envisaged from that post. the grievance of the petitioner is that the respondents have vide order dated december 5, 1992 annexure p3 to the petition, sought to push the petitioner to the higher post of senior laboratory technician, which was not in his cadre and therefore outside the purview of the rules and, as such, he could not be forced to accept .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)121PLR419
g.s. singhvi, j.1. the only substantive issue raised in this petition is whether the provisions contained in appendix b appended to haryana development and panchayats department (group c) service rules, 1980 under which 1/3rd of the posts of social education and panchayat officers meant to be filed by promotion have been earmarked for graduates is ultra vires to articles' 14 and 16 of the constitution of india.2. we have heard shri malik, learned counsel for the petitioner and shri jaswant singh, learned deputy advocate general and have perused the impugned provisions which is extracted below :-appendix-bserial designation of the posts academic qualifications and academic qualifi- no experience, if any, for direct tion and experience recruitment. if any for appoint- ment other than by direct recruitment.1 2 3 4xx xx xx staff posted in blocks1. social education and 50% by direct recruit-ment i) one-third of panchayat officer and 50% by promotion posts by promotion from amongst graduate gram sachieves having seven years ex- perience as srch i) graduates of a recognised ii) two-third num- university. this condition ber of posts by will be relaxable in case of promotion from gram sachives holding a amongst matricu- diploma in rural service late gram awarded by national coun- sachieves having cil of rural higher educa- four years experien- tion. ces as such. ii) hindi upto matric stand- ard. iii) two years experience of farming and certificate from the deputy commissioner would be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)141PLR268
s.s. nijjar, j.1. we have heard the learned counsel for the petitioner at length and perused the paper-book.2. mr. malik submits that 67% of the posts of assistant food and supplies officers are to be filled up by promotion. 33% posts are to be filled up by direct recruitment. the cadre strength of assistant food and supplies officers is 83. share of direct recruit comes to 27 posts, whereas 56 posts are to be filled up by promotion. the quota of promotees has already been filled up. 14 candidates have been appointed by direct recruitment on regular basis. thus 13 posts are lying vacant which are meant for direct recruits. an advertisement was issued on 6.7.2003 advertising 10 posts of a.f.s.o. the petitioner appeared in the written test and has been declared successful. on 16.12.2004, interviews were held. however, the result could not be declared as the election model code of conduct had come into effect. after the elections were over, on 7.3.2005, a general order has been issued by the haryana government in which it has been decided that the requisitions sent to haryana public service commission/haryana staff selection commission for filling up various categories of posts may be withdrawn. consequently, the haryana staff selection commission has not declared the results. according to the learned counsel, the action of the respondents is arbitrary. it violates rule 9(1)(c) of the haryana food and supplies department sub-offices (group-c) service rules, 1982. according to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)IIILLJ689P& H; (2005)140PLR573
s.s. nijjar, j.1. the petitioner was appointed in minor irrigation tabeweli corporation as peon on 5.5.1979. he remained in service upto 5.5.1998. thereafter, he was appointed by way of transfer in the state consumer disputes redressal commission, haryana (hereinafter referred to as 'the state commission') by order dated 24.4.1998. the petitioner joined with district consumer disputes redressal forum, jind-respondent no. 3 (hereinafter referred to as 'the district forum') and continued to perform the duties satisfactorily. from 4.3.2002, the petitioner could not perform his duties as he was suffering from psychiatric disorder and he was under treatment. son of the petitioner informed the respondents about the ailment of the petitioner. by letter dated 24.4.2002, he requested that his father be sanctioned leave as he is not in a position to attend to his duties. the respondents were also informed that the petitioner will join duties on recovery. on 16.4.2002, the petitioner was issued a show cause notice asking for his explanation as he had been found to be absent from duty from 4.3.2002. the petitioner was asked to give the reply within seven days. again a notice was issued on 21.6.2.002 seeking the explanation of the petitioner. thereafter, by order dated 26.3.2003, the petitioner has been removed from service. the order clearly states that the petitioner has been absent from duty w.e.f. 4.3.2002 till the date of the order. therefore, he has been ordered to be removed from .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR143
n.k. sud, j.1. the petitioners are employees of irrigation department, haryana. they were appointed as tracers. petitioner no. 1 was promoted as a draftsman on 23.11.1981 and petitioners no.2 and 3 were promoted as draftsman on 1.10.1981. subsequently, vide office order dated 1.8.1983 (annexure p-6) all the three petitioners were reverted to the original posts of tracers. this was done because three posts of draftsman were declared surplus.2. the petitioners have challenged their reversion hi the present writ petition on the grounds. firstly it is stated that the petitioners were promoted within the quota of promotees and if some posts had been declared surplus, the direct recruits who were beyond their quota, should have been reverted. the second ground of attack is that the reversion order has been passed by the chief engineer on 1.8.1983 whereas on that date, as per rule 5 of the haryana irrigation department draftsmen and tracers group 'c' service rules, 1982, the appointing authority was the engineer-in-chief. thus, according to the petitioners, it is only the engineer-in-chief who could have passed the order of their reversion.3. on notice, written statement has been filed in which it has been stated that on three posts of draftsmen being declared surplus, the petitioners being the junior most were reverted. regarding the other objection, it has been stated that there is no difference between the chief engineer and the engineer-in-chief because one of the chief .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2007)ACC542; 2008ACJ1049; (2006)144PLR308
m.m. kumar, j.1. this appeal filed under section 110-d of the motor vehicles act 1939 (for brevity 'the act') by the claimant-appellants prays for enhancement of compensation awarded by the motor accidents claims tribunal chandigarh (for brevity 'mact') vide its award dated 13.11.1987. the claimants are the widow and the three sons of deceased limed singh who was killed in a road accident which occurred on 1.9.1986 at the poultry farm chowk on chandigarh ambala road at 10.30 p.m. the total amount of compensation claimed is rs. 3 lacs. however the tribunal had awarded rs. 57600/- by apportioning the same amongst the claimants.2. brief facts of the case are that on 1.9.1986 umed singh was riding a bicycle. when he reached the poultry farm chowk chandigarh ambala road he had crossed almost the whole crossing. then a bus bearing registration no.hrt-5332 belonging to the haryana roadways driven by rajinder singh-respondent no. 2 was going from chandigarh to ambala which hit the rear portion of the bicycle of the deceased when he had almost crossed the road from industrial area side towards hallo majra. he suffered head injuries and later on died in the hospital. the deceased was identified as umed singh who was also serving as bus driver with the respondent - haryana roadways and it is stated that he was drawing a gross salary of rs. 1425.80 per month. his age was stated to be 48 years. it has come on record that the manner of accident was promptly reported to the police which .....
Tag this Judgment!