Randhir Singh v. Board of School Education Haryana
1989-10-20
B.C.RAY, S.RATNAVEL PANDIAN
body1989
DigiLaw.ai
ORDER : 1. After hearing learned counsel for the parties and after giving due consideration to the order made by this Court on 18.1.88 in Civil Appeal No. 265 of 1988 arising out of S.L.P. (Civil) No. 7269 of 1986 where it had been directed that : "It is, therefore, directed that their services will be regularised from the date they joined initially in the services will be regularised from the date they joined initially in the service of the Board. However, it is made clear that they will not get monetary benefit for the period they were not in service, but they will gain other advantages of continuous service during this period." 2. The petitioners have now filed the instant application for clarification of the order dated 18.1.88 as well as for directions regarding the following points (1) To appoint the petitioners against permanent posts from February 1981; (2) To grant all monetary benefits for the period from February 1981 to October 1983 and 21.5.84 till today; (3) To sanction pay for all such leaves to which they are entitled to under regular service; (4) To confer all benefits of a regular service i.e. leave, provident fund, future promotions etc. on them from the date of their permanent employment; and (5) To pay dues for the overtime done by them on non-working days as they were not sanctioned any holidays on such Saturdays or Sundays. 3. It appears from Annexure IV that a letter dated 22 3.88 was issued under the signature of President, Haryana School Education Board, Biwani stating that the services of the daily wages clerks employed in the office of the Board have been regularised from the date of appointment at the scale of pay mentioned therein as emoluments, and primary salary Rs. 400/- as allowance recovered from time to time on certain terms and conditions. 4. The first condition is that the appointment is still temporary. The second condition is that the appointment is completely on the temporary post that can be abolished at any time, and in this regard no assurance is given to employ permanently. 5. Therefore, it appears that these two conditions subject to which the services of the petitioners have been regularised, are not in conformity or in compliance with the directions contained in this Court's order dated 18.1.88 referred to hereinbefore.
5. Therefore, it appears that these two conditions subject to which the services of the petitioners have been regularised, are not in conformity or in compliance with the directions contained in this Court's order dated 18.1.88 referred to hereinbefore. It also appears that while regularising their services the period beginning from the date of their joining the service as daily was earners in 1981 till the date of their regularisation have been treated as leave without pay. This, in our considered opinion, also not in conformity with the directions made by this Court in as much as the directions of this Court in specific terms were that these employees whose services have been regularised from the date of their initial entry into the service of the Board, will not get any monetary benefit for the period they were not in service. But this has been taken by the authorities concerned as absence from service, even though the service of the petitioner have been regularised from the date of their initial entry into the service. We are unable to accept this view of the Board of School Education, Haryana. The petitioners, after being regularised in service from the date of their initial entry into service, are entitled to get all the benefits of service i.e. leave both casual leave and earned leave etc. barring the period they were not in service for which admittedly the petitioners have not made any grievance in their application for clarification before this Court. Barring that period i.e. 10. 10.83 to 20.5.84 absence from duty has to be considered in the light of the fact as to how many days casual leave and earned leave these employees are entitled to get and after considering this, appropriate orders will have to be made by the Board of School Education, Haryana for payment of their emoluments in respect of the period of absence for which they are entitled to leave-both casual leave and earned leave. We also make it clear that since the services of the petitioners have been regularised pursuant to the orders of this court, they may not be taken as temporary against temporary posts and conditions Nos.
We also make it clear that since the services of the petitioners have been regularised pursuant to the orders of this court, they may not be taken as temporary against temporary posts and conditions Nos. 1 and 2 cannot in any manner be given effect to, namely, that the appointments are against temporary posts and they will be on probation for a period of one year after which their services will be confirmed and they will treated as permanent and secondly these temporary posts may be abolished at any time and there temporary services will automatically come to an end. We further make it clear that since the services of the petitioners have been regularised they will be treated as regular employees of the Board and not to be treated as temporary employees holding temporary posts. 6. The application is disposed of accordingly.