Allowed

Bhagat Ram and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC9 Jul 2012CWP/10116/2012

Case brief

AI extract

What is this about?

Petitioners sought seniority based on continuous service despite discontinuous nature. The Court allowed the CM and directed petitioners to file a representation regarding ad-hoc service consideration; authorities must decide within three months if received within one month. No merit was examined.

What did the court decide?

Alternative remedy granted; petitioners directed to submit representation within one month; authorities required to decide within three months if submitted.

Bhagat Ram and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

CM No. 8360 of 2012 in/and CWP No. 10116 of 2012 Date of Decision : 9.7.2012

¶3

Bhagat Ram and others

¶4

...... Petitioners

¶5

Versus

¶6

State of Haryana and another

¶7

..... Respondents

¶8

CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:Mr. Anurag Goyal, Advocate, for the applicants-petitioners. AUGUSTINE GEORGE MASIH, J. (ORAL)

¶9

CM No. 8360 of 2012

¶10

CM is allowed. Statutory Rules (Annexure-P-9) is taken on record.

¶11

CWP No. 10116 of 2012

¶12

Petitioners have approached this Court claiming seniority and other benefits on the basis of continuous length of service irrespective of the nature of service rendered by them. It is their contention that they were appointed in accordance with the statutory rules and by following the procedure where applications were invited for appointment and even the names were sought for from the employment exchange. Contention is that as per the statutory rules governing the service, namely, 'The Haryana Cadre Group 'C' Service Rules, 1998', which would be relevant if the date of appointment of the petitiones is to be considered, indicated seniority to be determined by the length of continuous service on any post in the service. Even, under the Haryana School Education (Group C) State Cadre Service Rules, 2012, Rule 11 the statutory rules remain the same. Claim of the

¶13

CWP No. 10116 of 2012

¶14

-2-

¶15

petitioner according to them is covered by the ratio of Division Bench judgment of this Court in CWP No. 2409 of 2008 Vijay Singh and others Versus State of Haryana and others , decided on 18.12.2008 (Annexure-P-5). He contends that various representations have been submitted by the Association representing the petitioners but without any result. Counsel for the petitioners contends that petitioners shall file a detailed representation claiming the benefit of counting of service rendered by them on adhoc basis prior to the date of their regularization for the purpose of seniority and other benefits to the Commissioner and Director General, Department of Education, Haryana-respondent No. 2 within a period of one month from today, which may be considered and decided within some specified time.

¶16

In the light of the submission made by counsel for the petitioners and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with a direction to the Commissioner and Director General, Department of Education, Haryana-respondent No. 2 that in case such a representation is made by the petitioners within the time stated above, the same shall be considered and decided by this respondent within a period of three months from the date of submission of such a representation. The decision, so taken, be conveyed to the petitioners forthwith.

¶17

(AUGUSTINE GEORGE MASIH) JUDGE

¶18

9.7.2012 sjks

Bhagat Ram and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Bhagat Ram and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Saroop Singh Vs State of Punjab and Ors.

Mamta Rani & Another Vs State of Punjab and Others

Narinder Singh Vs State of Punjab and Anr.

Jasbir Singh @ Jassa Vs State of Punjab

Channi Vs State of Haryana and Ors.

Surinder Kumar and Ors. Vs State of Haryana and Ors.