Krishan Chand vs State of Haryana and Others

Augustine George Masih, J.—Petitioner has approached this Court by asserting that he was appointed on 01.01.1989 as a Mali on ad-hoc basis as a daily wager upon recommendation by the Departmental Selection Committee after inviting applications through an advertisement against daily sanctioned vacant post in the Territorial Forest Department, Faridabad. He has been working with the respondents for over 23 years without any break and his work and conduct has been found to be satisfactory without any complaint. Various policy decisions were taken by the Government of Haryana regularizing the services of the ad-hoc/daily wage employees but none of the policies was made effective to the claim of the petitioner resulting in the petitioner continuing on ad-hoc basis till date despite completing 23 years of service. Petitioner had submitted various representations to the respondents claiming regularization in view of the notifications/policy decisions of the Government of Haryana but without any result. He contends that the claim of the petitioner is covered by the latest policy decision dated 29.07.2011 (Annexure P-1) issued by the Government of Haryana. Petitioner has submitted another representation dated 01.04.2012 (Annexure P-2) to the respondents claiming regularization of his services but till date, no response has been received. Counsel for the petitioner contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Deputy Forest Conservator, Faridabad-respondent No. 4 to consider and decide the representation dated 01.04.2012 (Annexure P-2) 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 Deputy Forest Conservator, Faridabad-respondent No. 4 to consider and decide the representation dated 01.04.2012 (Annexure P-2) 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, a well-reasoned and speaking order be passed and conveyed.