Bijender Kumar vs State of Haryana and Others

Augustine George Masih, J.—Petitioner was appointed on contract basis on 12.12.1997. A notification dated 28.07.1994 was issued by the Transport Commissioner, Haryana, wherein it was laid down that on completion of two years of service of the Conductors/Drivers, who have been appointed on contract basis, their services shall stand regularized against the vacant posts. Petitioner, after his appointment, was transferred to other depot. The services of the persons, who have been appointed after the petitioner, stand regularized as per the instructions dated 28.07.1994. Petitioner was, however, regularized in service on 17.09.2010. Through the present petition, he is claiming the prior date of regularization in accordance with the judgments passed by this Court in CWP No. 14111 of 2001 titled as Pardeep Kumar and others vs. State of Haryana and others, decided on 18.05.2009 (Annexure P-3) and CWP No. 18401 of 2009 titled as Mukesh Kumar vs. State of Haryana and others, decided on 10.01.2012 (Annexure P-4). Claiming the said benefit, petitioner has submitted a representation dated 06.03.2012 (Anneuxre P-5) to the General Manager, Haryana Roadways, Karnal-respondent No. 3 but till date nothing has been heard in response to his representation. Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the General Manager, Haryana Roadways, Karnal-respondent No. 3 to consider and decide the representation dated 06.03.2012 (Anneuxre P-5) within some specified time.

Without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the General Manager, Haryana Roadways, Karnal-respondent No. 3 to consider and decide the representation dated 06.03.2012 (Anneuxre P-5) within a period of three months from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioner forthwith. In case, the petitioner is held entitled to the claim made by him through his representation, the consequential benefits, if any, be released to him, in accordance with law, within a further period of two months. If the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed forthwith.