Allowed

Ms. Kusum and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC4 Oct 2021CWP/30137/2018

Case brief

AI extract

What is this about?

This common order disposed of connected writ petitions involving contractual employees of the State of Haryana. The Court held that contractual employees must make way for regular appointees having unsuccessfully competed for the same posts, limiting their retention on contract.

What did the court decide?

Petitioners to make way for regular employees; respondents to consider petitioner placement on alternative contract posts if required.

Ms. Kusum and Ors. Vs State of Haryana and… — Service and Employment | Punjab & Haryana HC (2021)

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217+218+224

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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	CM Nos.6577-79-CWP-2021 in/and CWP No. 30137 of 2018 DATE OF DECISION : 04.10.2021
Kusum and others	…Petitioners
versus
State of Haryana and others	…Respondents
	CWP No. 37852 of 2018
Takdeer and others Versus	…Petitioners
State of Haryana and others	…Respondents
	CWP No. 15781 of 2019
Sanjay Kumar	…Petitioner
Versus
State of Haryana and others	…Respondents
	CWP No. 15907 of 2019
Kamna Rani and others	…Petitioners
Versus
State of Haryana and others	…Respondents

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VANDANA 2021.10.04 17:46 I attest to the accuracy and integrity of this document

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	CWP No. 2185 of 2019
Achhari and others	…Petitioners
Versus
State of Haryana and others	…Respondents

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	CWP No. 2202 of 2019
Sunita Ben Chintamani Mishra	…Petitioner
Versus
State of Haryana and others	…Respondents

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CWP No. 15952 of 2019 Ram Karan …Petitioner Versus State of Haryana and others …Respondents

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CORAM : HON’BLE MR. JUSTICE ARUN MONGA

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Present : Mr. S. P. Chahar, Advocate and Mr. JasbirMor, Advocate, for the petitioner(s).

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Mr. Tapan Kumar, DAG, Haryana.

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(Presence marked through video conferencing).

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ARUN MONGA, J. (ORAL)

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CM NO. 6577 OF 2021

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For the reasons stated in the application, same is allowed and

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documents contained at Annexures P-6 to P-10 are taken on record, subject to all just exceptions.

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VANDANA 2021.10.04 17:46 I attest to the accuracy and integrity of this document

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CM NO.6578 OF 2021

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This is an application under Order 1 Rule 10 CPC seeking permission to implead the newly selected candidates as respondents No.10and 11.

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For the reasons stated in the application, same is allowed and applications as mentioned in para no.5 of the application, are ordered to be impleaded as party-respondents No.10 and 11. Amended memo of parties is taken on record, subject to all just exceptions. Registry to tag the same at its appropriate place.

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CM NO. 6579 OF 2021

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For the reasons stated in the application, instead of passing piecemeal order in the application, it is deemed more appropriate that main case is taken on Board for hearing today itself.

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CM stands disposed of accordingly.

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MAIN CASE(S)

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All the above mentioned writ petitions are being disposed of vide instant common order, since similar facts and issues are involved therein. For brevity, detailed order is being passed in CWP No. 30137 of 2018.

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Concededly, petitioners herein are contractual employees. Their contracts were being extended from time to time, subject to the regular appointments yet to be made qua the same very posts.

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It is settled position of law that contractual employees have to make way for the regular appointees. Having unsuccessfully competed for

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VANDANA 2021.10.04 17:46 I attest to the accuracy and integrity of this document

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the regular appointment, the petitioners cannot stake their claim on the contractual posts in perpetuity.

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Accordingly, no grounds are made out to direct the respondents to allow the petitoners to continue on contract. Regular employees qua the same very posts have since already been selected and therefore, the petitioners have to make way for them.

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However, it is expected of the respondents to consider the case of the petitioners on contract on any alternative posts, which may be vacant on contract basis, subject of course there being requirement of the services of petitioners on said posts, which is anyway entirely at the discretion of respondents.

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Photocopy of this order be placed on the files of other

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connected cases.

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OCTOBER 04, 2021 (ARUN MONGA) Shalini JUDGE

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Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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VANDANA 2021.10.04 17:46 I attest to the accuracy and integrity of this document

Ms. Kusum and Ors. v. State of Haryana and Ors.

Case brief

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Ms. Kusum and Ors. v. State of Haryana and Ors.

Case brief

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