Punjab-Haryana High Court
Davender Gera vs Haryana State Legal Services Authority on 19 October, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:136600-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Sr. No.102 LPA-2535-2024 (O&M)
Date of decision : 19.10.2024
Devender Gera ..... Appellant
Versus
Haryana State Legal Services Authority ..... Respondent
CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present : Mr.Sandeep Thakan, Advocate, for the appellant.
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DEEPAK SIBAL, J. (Oral)
1. Through letter dated 04.02.2009 the appellant was appointed as an
Accountant in the office of the Haryana State Legal Services Authority, Chandigarh (for
short, the Authority). Such appointment was on ad hoc basis for a period of six months.
One of the terms of the appellant's appointment was that he would not claim any right to
be absorbed or made permanent in service. The appellant accepted the terms contained
in his appointment letter and joined as an Accountant with the Authority. Thereafter his
services were extended on six monthly basis from time to time. These extensions in
service were with a clear stipulation that in case within the period of the extended service
a regular appointee joins, the appellant would have to make way for him/her. In the year
2012 a regular incumbent joined as an Accountant with the Authority. Thereafter, the
appellant was permitted to serve the Authority on ad hoc basis against the higher post of
Deputy Superintendent and that he was relieved from service on 21.02.2012. At that
stage the appellant knocked the doors of this Court seeking therein regularization of his
services as an Accountant. He further claimed benefits like children education
allowance, annual increments, leave encashment etc. A learned Single Judge of this
Court rejected the appellant's claim for regularization of his services. So far as his claim
for the grant of service benefits were concerned, the State was directed to take a
considered decision in this regard. It was further directed that in case the appellant was
found entitled to the service benefits claimed by him, the same shall be released to him
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Neutral Citation No:=2024:PHHC:136600-DB
LPA-2535-2024 (O&M) [2]
within two months thereof alongwith interest @ 6% per annum. The rejection of the
appellant's claim for regularization of his services is challenged through the present intra
court appeal.
2. Learned counsel for the appellant has been heard.
3. Through letter dated 04.02.2009 the appellant was appointed as an
Accountant. Such appointment was purely on ad hoc basis and for a period of six
months. It was clearly provided in his appointment letter that he shall not claim any right
to be absorbed or made permanent in service. Thereafter his appointment was extended
with a further stipulation that in case in the meantime a regular incumbent joins then the
appellant shall have to make way for him/her. In the year 2012 a regular incumbent
joined as an Accountant and that the appellant was allowed to continue only against the
higher post of Deputy Superintendent as for some time his services were required. Such
continuance in service was also on ad hoc basis. After he had put in service of just about
03 years, he was relieved as per the terms & conditions contained in his
appointment/extension order(s).
4. In the light of the above undisputed facts, we find no error in the impugned
judgment declining the appellant's prayer for regularization of his services especially
when the appellant did not challenge the terms & conditions of his appointment and
because he was relieved about 12 years ago and that ever since he has not been in the
service of the Authority.
5. Dismissed.
6. Pending miscellaneous application(s), if any, also stand disposed of.
[DEEPAK SIBAL]
JUDGE
19.10.2024 [DEEPAK MANCHANDA]
shamsher JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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