JUDGMENT :

ROHIT KAPOOR, J.

1. The aforementioned Letters Patent Appeals have been filed against the common judgment and order dated 03.10.2023, passed in CWP-17212-2018 and CWP-5716-2012, whereby the writ petitions filed by the respondent-writ petitioners, have been disposed of in terms of the decision in CWP-5593-2011, titled as 'Kelo Devi vs. State of Haryana and others', decided on 07.02.2013. The orders dated 15.05.2024, passed in RA-CW-85-2024 and RA-CW-105-2024, whereby the review applications filed by the Appellants have been dismissed, are also assailed.

2. As the issue required to be adjudicated in both the appeals is the same, they are being decided together, by way of this common judgment and order.

FACTUAL MATRIX

LPA-2331-2024

3. The wife of the respondent-writ petitioner, namely, Smt. Rekha Rani, was appointed as Social Studies Mistress for an initial term of 89 days on contractual basis on 03.10.1997 in Government Girls High School, Imlota, District Bhiwani (now Charkhi Dadri). She continued working on the said post till 05.07.1999, on which date she submitted an application requesting for leave on the ground of her illness. It transpires that she remained absent for the period from 05.07.1999 to 13.08.2001 and submitted an application dated 14.08.2001 for grant of leave for the said period without pay.

4. The office of the Director Secondary Education Haryana vide its order dated 30.09.2004, after noticing that she did not attend the school nor made any request for extension of leave, and the long absence without intimation amounts to abandonment of the post, which was on contract basis, allowed her to join inter-alia on the condition that she will not get the benefit of her previous services and that her services would stand terminated immediately on availability of regularly selected candidates.

5. As per the respondent-writ petitioner, his wife submitted a representation dated 11.09.2010 (Annexure P-9) seeking regularization of her service, which was followed with a reminder dated 11.01.2011 (Annexure P-10). It is alleged that other teachers, who had joined alongwith her, have been regularized, however, her claim has not been accorded any consideration in a discriminatory manner.

6. The wife of the respondent-writ petitioner died in a vehicular accident on 23.02.2011. After her demise, the respondent submitted representations dated 02.07.2011 and 23.08.2011, seeking her regularization as well as grant of ex gratia benefits. Aggrieved by the inaction of the authorities in deciding the representations, he filed CWP-24111-2011. During the pendency of the said petition, the office of the Director Elementary Education Haryana (respondent No.2) passed a speaking order dated 05.05.2017, whereby the claim of the respondent-writ petitioner was rejected on the ground that his wife had been engaged purely on contractual basis and was not covered under the Regularization Policies of 2003 and 2011, as she did not fulfill the terms and conditions stipulated therein. The said speaking order dated 05.05.2015 was impugned by the respondent petitioner in CWP-17212-2018, which was disposed of along with CWP-5716-2018, vide order dated 03.10.2023, after noticing that the counsel for the parties are in agreement that the issue raised in the petitions, is covered by the decision in Kelo Devi’s case (supra).

7. The appellants filed RA-CW-85-2024, which was dismissed vide order dated 15.05.2024 with the following observations:-

"In pursuance to the order dated 06.03.2024 an affidavit has been filed, wherein, the appointment order of the husband of Kelo Devi, who was the petitioner in CWP No. 5593 of 2011 titled as Kelo Devi Vs. State of Haryana and others, decided on 07.02.2013, who was allowed the benefit of service rendered by her late husband, which has been brought on record. The benefit of the service rendered by the husband of Kelo Devi on contractual basis was treated as a valid service for the grant of various benefits, which benefits