CWP No.4105 of 1999 : 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 19.01.2010 Sumitra Devi and others ... Petitioners Vs. State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Ms.Alka Chatrath, Advocate, for the petitioners. Mr.RKS Brar, Addl. AG., Haryana, for the respondents. -- PERMOD KOHLI, J. (Oral): The State of Haryana resorted to the appointments on contract basis for 89 days. Some of the appointees who were engaged on 89 days basis filed Writ Petitions before this Court. A Division Bench of this Court vide order dated 11.03.1997 passed the following directions:- “We, therefore, dispose of these writ petitions by directing the Government to reconsider the desirability of giving contractual appointment to the Masters/Teachers for limited period of 89 days instead of appointing them in regular pay scale and allowing them to continue till the end of academic session or till the availability of regular CWP No.4105 of 1999 : 2 selected persons. We further direct the respondents to take effective steps to make regular recruitment against the existing posts of Masters/Teachers through the agency of the Subordinate Services Selection Board/other selecting bodies. We further direct that if regularly selected candidates are not available before the commencement of next academic session and it becomes necessary for the Government to make temporary/ad hoc appointments the appropriate requisitions should be sent to the employment exchanges concerned and the posts should also be advertised so as to give opportunity to the petitioners and other eligible candidates to compete for selection.” It appears that pursuant to the aforesaid direction, respondent No.2 invited candidates for interview to engage them as Lecturers, Masters, Teachers in various subjects on 89 days contract basis vide advertisement published in "Jansatta" on 19.08.1997. A requisition was also sent to the employment exchange. Petitioner Nos.1 to 4 applied in response to the said advertisement. On the basis of the interview, they were selected as Teachers. Similarly, petitioner Nos.5 to 8 were sponsored through employment exchanges. They were also appointed. These petitioners belong to reserved category. While this process was going on, the State had issued advertisement for making selection to various available posts on CWP No.4105 of 1999 : 3 regular basis. In the meantime, the 89 days contractual appointees were given the consolidated amount of Rs.3500/- p.m. Another set of writ petitions was filed in this Court claiming regular scale etc. One of the writ petitions being CWP No.18835 of 1997 came to be disposed of vide order dated 17.04.1998 with the following directions:- “For the reasons mentioned above, the writ petitions are allowed. The conditions incorporated in the letters/orders appointing the petitioners limiting their appointment to 89 days are declared illegal, unconstitutional and are struck down. Likewise, the condition of paying consolidated salary to the petitioners is declared ultra vires to Articles 14,16 and 39 (d) of the Constitution. The respondents are directed to allow the petitioners to continue in service till the availability of regularly selected candidates. However, their services can be terminated/discontinued on the ground of unsuitability or unsatisfactory performance. The respondents can also dispense with the services of the petitioners in accordance with the rule of last come first go if the sanctioned posts are abolished. The services of such of the petitioners, who may be found guilty of misconduct may also be terminated. The respondents are directed to pay to the CWP No.4105 of 1999 : 4 petitioners salary in the regular pay scales from the date of their appointment. Sd/- GS Singhvi, Judge April 17,1998 Sd/-Iqbal Singh,Judge” In the meantime, regular selection was made pursuant to the advertisement issued in the year 1996. With a view to adjust the regular appointees, the office of the Director, Secondary Education, Haryana, vide its communication dated 11.06.1998 (Annexure P-6) to the District Education Officer, Jind, asked it to adjust the selectees firstly against the vacancies occupied by 89 days appointees and if the selectees are more, then the vacancies be filled up from the ad hoc appointees and ad hoc appointees were to be relieved. The petitioners were accordingly relieved to adjust the regular appointees against their vacancies. The petitioners, accordingly, filed this petition seeking a direction to quash the relieving orders and to re-appoint them in service. During the course of hearing, Ms.Alka Chatrath, has relied upon various government instructions wherein there is reservation for Scheduled Castes and Backward Classes. It is stated that some of the petitioners who belong to reserved category and are entitled to be appointed even on ad hoc basis in view of the aforesaid instructions. It is admitted position that the petitioners are out of service since 1997. Pursuant to the directions of this Court referred here-in-above, they could only continue till regular appointments are made. Regular appointments having been made, they have no right to continue in service. Otherwise also, admittedly, the petitioners appointment was for 89 days only. No right vests with them to continue on the post. CWP No.4105 of 1999 : 5 For the reasons recorded above, the present petition is hereby dismissed with no order as to costs. 19.01.2010 (PERMOD KOHLI) BLS JUDGE Whether to be referred to the Reporter? YES/ NO