MUKESH KUMAR Vs. STATE OF HARYANA
LAWS(P&H)-2022-4-239
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 18,2022

MUKESH KUMAR Appellant
VERSUS
STATE OF HARYANA Respondents


Referred Judgements :-

HARGURPRATAP SINGH VS. STATE OF PUNJAB [REFERRED TO]
UNION OF INDIA VS. ILMO DEVI [REFERRED TO]


JUDGEMENT

LISA GILL, J. - (1.)This order shall dispose of CWP-21088-2021, CWP-21277-2021 and CWP-1015-2022 as an identical issue is sought to be raised in all these three petitions. With the consent of learned counsel, petitions have been taken up together for hearing and decision.
(2.)Petitioners in these writ petitions seek regularization of their services on the ground that they have been working on contract basis since last more than 10 years. While fulfilling all eligibility criterion and possessing necessary qualifications, petitioners are stated to have been appointed after following due selection procedure. It is submitted that petitioners were selected to the post of Instructors at Industrial Training Institutes in Haryana for a period of six months or till other regular incumbents were available pursuant to advertisement issued by the respondent - department in August, 2011. Their services were extended after every six months as nature of work, it is submitted, is perennial.
(3.)Learned counsel for the petitioners submits that petitioners are continuously working as Instructors till date and large number of substantive posts of Instructors are lying vacant. Petitioners possess required qualification as per Industrial Training Department Haryana Field Officers (Group-c) Service Rules, 2013. It is further submitted that similarly situated Instructors earlier appointed on contractual basis in 2008 had filed CWP-5289 of 2007 titled'Ashok Kumar and others versus State of Haryana and others', which was allowed on 24/1/2008. State of Haryana preferred SLP (C) No. 9230-31 of 2009 challenging said order dtd. 24/1/2008 wherein the Hon'ble Supreme Court on 13/7/2011 asked the Chief Secretary, State of Haryana to explore the possibility of accommodating said candidates in any other projects or school, looking to their qualifications and sort out the matter on humanitarian grounds. Pursuant to order dtd. 13/7/2011, an affidavit was filed by the then Join Secretary, Government of Haryana, Industrial Training Department stating that the Government was prepared to accommodate eligible candidates numbering 258, who fulfil the requisite qualification as per Rules on humanitarian ground in the Industrial Training Department against vacant post, in case direction is issued to that effect. Accordingly, said eligible persons were accommodated.


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