Petitioner challenged termination of services due to closure of trade unit, claiming entitlement to transfer per earlier judgment. Court found no current vacancies for adjustment. Pending decision later stated.
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C.W.P. No.16613 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.16613 of 2010 Date of Decision:- 11.05.2012
Ram Mehar ...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. S.B.Kaushik, Advocate, for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana for the respondents.
AUGUSTINE GEORGE MASIH, J.(Oral)
Petitioner has approached this Court impugning the order dated 14.09.2010 (Annexure P-15) vide which the services of the petitioner were terminated on the ground that the additional unit of motor mechanic trade under third shift which was started in the year 2007, stands closed by the Directorate. No post of motor mechanic trade is lying vacant.
Petitioner had approached this Court contending that there are vacancies available in other institutes in motor mechanic trade against which the petitioner should have been adjusted, in the light of the Division Bench judgment passed by this Court in CWP No.5289 of 2007 titled as Ashok Kumar and others Vs. State of Haryana and another' decided on 24.01.2008.
As regards the contention of the petitioner that an advertisement had been issued for filling up the post of motor mechanic trade in State ITI, Ambala seats, Counsel for the State makes a statement that the same stands withdrawn.
C.W.P. No.16613 of 2010
Counsel for the respondents further states that no vacancy in any of the institute in motor mechanic trade is available on which at present petitioner can be adjusted. Similarly placed employees as the petitioner, are being adjusted as per their seniority in their respective trades in the other institutes as and when vacancy arises. He further states that on 02.05.2012, five Instructors in the trade of motor mechanic have been adjusted in different institutes. All of them are senior to the petitioner and as and when a vacancy in motor mechanic trade will become available, the claim of the petitioner, as per his seniority, shall be considered.
In the light of the statement made by the Counsel for the State, on instructions from Shri Dhuman Singh, Assistant office of Director, Industrial Training, Haryana, the present petition is dismissed at this stage.
11.05.2012 adhikari
( AUGUSTINE GEORGE MASIH ) JUDGE
2 issues framed by the court
Whether the petitioner's claim to adjustment in a vacant motor mechanic post can be entertained when no vacancy is currently available.
Whether the petitioner can be adjusted in other institutes despite the unavailability of immediate vacancies in the terminated trade.
Colour shows how this judgement treated each authority
Ashok Kumar and others Vs. State of Haryana and anotherReferred¶12
CWP No.5289 of 2007
Ram Mehar
State of Haryana
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
