Quashed

Ravinder Saini and Another v. State of Haryana and Others

Punjab & Haryana HC12 Nov 2024CWP/3850/2021

Case brief

AI extract

What is this about?

The petitioner sought quashing of an order terminating their service to make way for outsourcing via Haryana Kaushal Rozgar Nigam. The Court disposed of the petition by relying on the dissent that services must continue, unless outsourced through the specified Nigam.

What did the court decide?

Petition disposed of with expectation that respondents shall allow petitioners to continue in service unless services are taken through Haryana Kaushal Rozgar Nigam

Ravinder Saini and Another Vs State… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

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CWP-3850-2021

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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240

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CWP-3850-2021 Date of decision: 12.11.2024

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Ravinder Saini and another

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...Petitioners

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Versus

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State of Haryana and others ...Respondents

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CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

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Present : Mr. J.S. Dahiya and Mr. Aditya Dahiya, Advocates for the petitioners.

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Ms. Tanisha Peshawaria, DAG, Haryana.

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*********

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AMAN CHAUDHARY, J. (Oral)

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Prayer made in the present petition is for quashing the impugned order dated 09.02.2021, whereby the service of the petitioners to be terminated w.e.f. 19.02.2021, in order to replace them by another contractual employees.

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Learned counsel would contend that the petitioners were appointed on the post of Class-IV with the office of Civil Suregon, Sonipat and Ganauar, after having been medically examined and were drawing salary against vacant post on DC rate basis from 2011.

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This Court vide order dated 18.02.2021, had stayed the operation of the said order. In the index of the petition, reliance was placed on the pendency of CWP-11655-2019, titled as Amit Kumar and others vs. State of Haryana and others , filed by similarly situated Class-IV contractual employees with the prayer of restraining the respondents from terminating their services, which was disposed of by this Court vide order dated

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27.05.2022 and the relevant paras thereof read thus:-

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“Petitioners herein, inter alia, seek issuance of a writ in the nature

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HAMANT 2024.11.14 15:23 I attest to the accuracy and integrity of this document

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CWP-3850-2021

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of prohibition restraining the respondents from terminating the services of the petitioners on different posts Sweeper/Chowkidar in Group-D/IV despite the work and conduct being satisfactory. 2. Qua the claim of the petitioners to allow them to continue working on contractual jobs, the same seems to have been rendered infructuous as learned counsel for the petitioners submits that have been allowed to continue in service.

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Accordingly, writ petition is disposed of with expectation that the respondents shall allow the petitioners to continue, unless of course services are still required and/or regular appointments are to be made on the post in question. Needless to say, petitioners shall be entitled to salary, subject to work being taken from them. 4. At this stage, learned State counsel submits that the State Government has taken a decision to outsource all the contractual employees through the Haryana Kaushal Rozgar Nigam. Respondents shall be at liberty to depute the services of the petitioners through said Nigam.”

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Learned State counsel is unable to distinguish the facts and offer

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any resistance for disposal of the case, in view of the above.

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Disposed of in terms of Amit Kumar (supra).

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	(AMAN CHAUDHARY) JUDGE
12.11.2024
Hemant
Whether speaking/reasoned	: Yes / No
Whether reportable	: Yes / No

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HAMANT 2024.11.14 15:23 I attest to the accuracy and integrity of this document

Ravinder Saini and Another v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Ravinder Saini and Another v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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