Writ petition seeking extension of the petitioner's contractual engagement as Computer Operator. Respondents cited unsatisfactory work and non-extension as a matter not claimable as of right; no replication was filed. The court disposed of the petition with liberty to seek revival if need arises.
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CWP-4943-2021
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
236 CWP-4943-2021 Date of decision: 05.11.2024
Devwrat Sharma
...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : None for the petitioner.
Mr. Dushyant Saharan, AAG, Haryana.
Mr. Deepak Balyan and Mr. Vicky Chauhan, Advocates for respondent Nos.2 to 7.
AMAN CHAUDHARY, J. (Oral)
1. Prayer made in the present petition is for directing the
respondent No.2 to extend the tenure of the petitioner as Computer Operator.
and 4 of the preliminary submissions, to which there was no replication filed
and reads thus:
“2. That at the very outset, it would be significant to mention here that the petitioner has deliberately and intentionally concealed certain vital facts from this Hon'ble Court. Only with a sole motive to procure a favourable order, he has not disclosed the actual facts and circumstances of the case. The brief facts of the case are that the petitioner was engaged along with other persons as Data Entry Operator by the District Information Technology Society for completing the pending jamabandi work at Tehsil of District Nuh. The initial engagement was upto 31.03.2015 which was extended along with other Data Entry Operators from time to time but the contractual employment of the petitioner was not extended beyond 22.08.2019 on the ground of his work being unsatisfactory.
4. That in compliance of the order of the Hon'ble High Court, the petitioner submitted a representation and he was given personal hearing on 13.01.2020. After hearing the petitioner in person, the competent authority of the Society i.e. the Deputy Commissioner found that the petitioner was issued many letters indicating dissatisfaction by various officials and he did not pay any heed to those. That the order dated 28.01.2020 (P-4) which
HAMANT 2024.11.06 10:37 I attest to the accuracy and integrity of this document
CWP-4943-2021
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was passed by the answering respondent is legal, just and has been passed after detailed deliberation considering the various show cause notice and dissatisfaction certificate issued by the various officials of the District Administration. The allegations against the petitioner are of very serious nature. Even during general elections of the State Assembly there was serious complaint against the petitioner from the office of the Electoral Registration Officer, Nuh. A person doing public duty should give utmost importance to public dealing and should be careful about his conduct and must be attentive to lawful direction/ advises of the reporting officer. There is no illegality in passing the order dated 28.01.2021 by the Deputy Commissioner. The petitioner was engaged on contract basis on DC Rates cannot claim extension of his tenure as a matter of right.”
3. In view of the above, the present petition is disposed of,
reserving the petitioner with a liberty to get it revived, in case need arises.
| (AMAN CHAUDHARY) JUDGE |
|
|---|---|
| 05.11.2024 | |
| Hemant | |
| Whether speaking/reasoned | : Yes / No |
| Whether reportable | : Yes / No |
HAMANT 2024.11.06 10:37 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner's tenure as Computer Operator on contract could be extended by direction of the Court.
Devwrat Sharma
State of Haryana
Aman Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
