CWP No.2856 of 1988 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.2856 of 1988 Date of Decision: 24.04.2009 Virender Singh ...Petitioner V E R S U S State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Rajmohan Singh, Advocate for the petitioner. Mr. A. S. Sarah, Addl. A. G., Haryana. AJAY TEWARI J. (ORAL) The petitioner was appointed as Agricultural Development Officer after due advertisement on ad hoc basis w.e.f. 1.12.1978. On 19.1.1984, the respondents issued notification to the effect that those posts which have been held by adhoc employees for two years on 15.9.1982 would be excluded from the purview of the Subordinate Services Selection Board and the incumbents would be regularized against the same. The grouse in this petition is that he has not been so regularized. In reply, two grounds have been taken to deny the relief to the petitioner. Firstly, it is urged that in the period of two years preceding the cut off date there was a break of 85 days in the service of the petitioner. The second ground taken is that on 29.3.1985 a criminal case was registered against the petitioner. In reply, learned counsel for the petitioner has argued CWP No.2856 of 1988 -2- that vide order Annexure P-5 the period of 85 days was converted into leave of the kind due and hence it could not be held that there was a break in the service of the petitioner. With regard to the criminal case, it has been argued that by judgment and order dated 8.11.1993, the petitioner was acquitted in the criminal case. The petitioner has also given the example of one Jabbar Singh who was similarly appointed like the petitioner much after him, similarly accused of a criminal case, and similarly acquitted and after that his services were regularized w.e.f. 16.9.1982. Learned counsel for the respondents has not been able to deny these facts. In the circumstances, there is no escape from the conclusion that with the acquittal of the petitioner and with the aforementioned period of 85 days having been treated as leave of the kind due and in view of the petitioner admittedly meets the other conditions mentioned in notification dated 19.1.1984, this petition has to be allowed. In view what has been found above, respondents are directed to consider the case of the petitioner for regularization w.e.f. 16.9.1982. Accordingly, this petition is allowed. ( AJAY TEWARI ) April 24, 2009 JUDGE ashish