CWP No. 1229 of 1990 1 In the High Court of Punjab and Haryana, Chandigarh. CWP No. 1229 of 1990 Date of Decision: 23.02.2010 Kesri Nandan ....Appellant. Versus State of Haryana and others ....Respondents. Coram:- Hon'ble Mr. Justice Alok Singh 1.Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present: Mr. Mani Ram, Advocate for the petitioner. Mr. Deepak Girhotra, AAG, Haryana for the respondents. ... Alok Singh, J. 1. Heard and perused the record. 2. Present writ petition has been filed seeking writ of mandamus commanding the respondents to regularise the medical leave of the petitioner and to pay him all the arrears of pay. 3. Brief facts of the case of that the petitioner was appointed as instructor in village Barwa under Development Unit Tosham, District Bhiwani under the National Adult Education Plan vide District Adult Education Officer, Bhiwani letter dated 5.2.1981. The petitioner continued to work as such till 3.10.1987. From 24.10.1987 to 6.7.1988, the petitioner CWP No. 1229 of 1990 2 was suffering from depression and could not attend the institute. He sent intimation with regard to his illness alongwith medical certificate to respondent No.3 from time to time. He was declared fit to resume duty on 7.7.1988 and joined his duties and requested the respondents to grant him leave for the aforesaid period during which he remained on leave due to illness. In spite of the fact that the petitioner had joined the Institute on 7.7.1988, he was not paid his salary with effect from 24.10.1987. 4. In reply, the respondents submitted that the petitioner was appointed as Instructor on part-time basis for fixed hours on a consolidated honorarium of Rs.50/- per month under Adult Education Scheme which was purely temporary in nature. It was clearly mentioned in the appointment letter (Anneuxre P-1) that he will not be given other facilities available to other government employees and his appointment was not under the government Civil Services Rules. It was submitted that the petitioner had left the Institute at his own without any intimation to the competent authority. The scheme of Adult and Non Formal Education under which the petitioner had worked has been discontinued by the State government with effect from 28.2.1990. 5. In view of the fact that the petitioner was appointed as Instructor on part-time basis for fixed hours on a consolidated honorarium of Rs.50/- per month under Adult Education Scheme which was purely temporary in nature and appointment letter clearly reveals that the petitioner would not be given other facilities available to other government employees and his appointment would not be treated under the government Civil Services Rules, in my opinion, the petitioner is not entitled to any relief. Moreover, the petitioner had left the Institute at his own and the scheme of CWP No. 1229 of 1990 3 Adult and Non Formal Education under which the petitioner was working, had already been discontinued by the State government with effect from 28.2.1990. I do not find it a fit case to exercise jurisdiction under Article 226 of the Constitution of India. 6. The petitioner is dismissed. ( Alok Singh ) Judge 23.02.2010 sk.