The Single Judge dismissed the writ petition challenging the rejection of the petitioner's claim for re-appointment as a Lab Technician. The court held that previous short tenure does not mandate selection and the petitioner's long delay precludes interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
120
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-23412-2021
Date of Decision: 18.11.2021
NAZIM
…Petitioner
Versus
STATE OF HARYANA AND OTHERS
…Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Nafeesh Ahmed, Advocate for the petitioner.
Ms. Rajni Gupta, Addl. A.G., Haryana.
ARUN MONGA, J. (ORAL)
Petition, herein, is for issuance of a writ in the nature of certiorari for setting aside the speaking order dated 27.05.2021 (Annexure P-3) passed by respondent No.2, whereby, the claim of the petitioner has been rejected.
approved by the Government of India for Nuh, Mewat. Learned counsel further submits that similarly situated candidate, namely, Satish Kumar, who
MAHAVIR SINGH 2021.11.25 16:27 I attest to the accuracy and integrity of this document
was also working as Lab Technician with the petitioner, has also been removed from the services but later on, he was adjusted as Lab Technician (L.T.) under NHM at District Karnal but the claim of the petitioner has not been considered even though he has moved representation to this effect to the respondent’s Office.
MAHAVIR SINGH 2021.11.25 16:27 I attest to the accuracy and integrity of this document
| November 18 , 2021 | (ARUN MONGA) | |
|---|---|---|
| gurpreet | JUDGE | |
| Whether speaking/reasoned: | Yes/No | |
| Whether reportable: | Yes/No |
MAHAVIR SINGH 2021.11.25 16:27 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the petitioner's rejection from re-appointment is maintainable in view of his earlier short tenure under the NHM scheme.
Whether the delay in approaching the court after acquiescing for more than five years warrants interference in the writ.
Whether Article 14 applies where the employer retains the right to choose employees based on their prior experience and tenure.
Nazim
State of Haryana
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
