Rajesh Kumar and Others vs State of Haryana and Others

Tejinder Singh Dhindsa, J.—The petitioners, who were engaged on daily wages basis on various posts in the nature of Clerks/Beldars/Assistant Pump Operators etc. by the Municipal Committee, Bhiwani, have filed the instant writ petition praying for issuance of the writ of mandamus for directing the State Public Health Department to absorb/take them on deputation. Furthermore, challenge in the petition is to the order dated 20.04.1993 (Annexure-P8), whereby such claim has been rejected. As per the pleadings on record, the petitioners are stated to have been engaged in respect of the work of water supply and sewerage schemes maintained by the Local Bodies, Haryana. Reliance has been placed upon the documents appended as Annexures P1, P2 and P3, whereby the State Government has taken a decision to transfer the water supply and sewerage works from Municipal Committee, Bhiwani to that of the State Public Health Department. On the strength of such decision, the case set-up on behalf of the petitioners is that since they were employed exclusively in the maintenance of such water supply and sewerage schemes, accordingly, they were vested with a right to be taken on deputation/absorbed in the Public Health Department.

In the written statement filed on behalf of respondent Nos. 2 to 4, a categoric stand has been taken that the matter had been considered in a meeting held on 23.03.1993 and in terms thereof, only such daily wagers were taken on deputation by the Public Health Department as were required in the administrative exigency of service. Still further, it has been stated that there were 12 regular employees and 9 daily wages, who were working in the water supply and sewerage scheme with the Municipal Committee, Bhiwani and there was no requirement of having shifted all the daily wagers in pursuance to the water supply and sewerage works, having been taken over by the Public Health Department.

Having perused the pleadings on record and having heard learned counsel appearing for the State, I am of the considered view that the issue as regards any water supply and sewerage scheme having been taken over by the State Public Health Department as also the requirement of engaging Govt. of taking daily wagers on deputation, who were earlier working with Municipal Committee, Bhiwani would be essentially a decision which lies within the domain of the executive. It is strictly a policy decision. The prayer made in the instant writ petition seeking absorption/to be taken on deputation under the Public Health Department-State of Haryana, has not been raised on the strength of any statutory provision. As such, no mandamus can be issued in regard thereto.

At this stage, it would be opposite to notice that a plea of discrimination has also been raised on behalf of the petitioners. It has been pleaded that on the shifting of the water supply and sewerage scheme, some of the daily wagers had been taken on deputation by the State Public Health Department, whereas the petitioners had been left out. Even such submission is without merit. To raise a plea of discrimination, a pre-requisite would be for the petitioners to substantiate and establish a legally vested right.

Having already held that the petitioners do not have a right to claim absorption/deputation with the Public Health Department, the claim raised in the present writ petition cannot be accepted. Writ petition, accordingly, is dismissed.