Bhoop Singh and Others Vs State of Haryana and Others

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CWP- 2 6425-2021 and connected matt e rs

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

258(5cases)	Dateo f D	ecision:November 17, 2025
1.		CWP-26425-2021
Satvir Singh and others	VERSUS	.....Petitioner s
State of Har yana and others		...Responde nts
2.		CWP-19841-2022
Dalbir Sing h and another	VERSUS	.....Petitioner s
State of Har yana and others		...Responde nts
3.		CWP-16580-2022
Dharampal and another	VERSUS	.....Petitioner s
State of Har yana and others		...Responde nts
4.		CWP-17331-2022
Om Parkash and others	VERSUS	.....Petitioner s
State of Har yana and others		...Responde nts

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PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document

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CWP- 2 6425-2021 and connected matt e rs

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CWP-7987-2023

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Bhoop Sin g h and others

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.....Petitione r s

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VERSUS

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State of Ha r yana and others

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...Respond e nts

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CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

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Present : Mr. Surinder Duhan and M r . B.S. Beniwal, Advocates f o r petitioner(s) in CWP-26425-2 0 21.

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Mr. P.K. Ganga, Advocate f o r the petitioner in CWP-1733 1 2022.

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Ms. Harpreet Kaur, Advocate for Mr. S.S. Sahu, Advocate f o r the petitioner(s) in CWP-1984 1 -2022.

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Mr. Arun Singla, AAG, Harya n a. r Mr. Deepak Balyan with Mr. Vicky Chauhan, Advocates f o respondent(s)-SUGARFED in all cases.

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Mr. Jagdeep S. Rana, Mr. A rvind Bangar and Mr.Lokend r a Singh, Advocates for responde n t No.6 in CWP-26425-2021.

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HARPREET SINGH BRAR, J. (Oral)

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This order of mine shall dis p ose of all five above-mention e d writ petitio n s. With the consent of the parti e s and for the sake of brevity, t h e facts are ta k en from CWP-17331-2022.

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The present civil writ petitio n (s) has been filed under Articl e s 226 of the Constitution of India for iss u ance of a writ in the nature o f mandamus directing the respondent No.2 to adjust/appoint the petitione r s w.e.f. 28.11.2025 i.e. the date when si m ilar situated employees of t h e erstwhile B una Cooperative Sugar Mi l ls were adjusted/appointed i n compliance of this Court order dated 28.01.2015 passed in CWP-17837-

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PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document

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CWP- 2 6425-2021 and connected matt e rs

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2006, Bhim Sain and others Vs. State of Haryana and others (Adjustme n t of Ex. Em p loyees of erstwhile Buna Co o perative Sugar Mills) instead o f letter date d 02.02.2021 (Annexure P-3) i ssued by No.2 vide which t h e petitioners a re adjusted/appointed in vario u s cooperative Sugar Mills in t h e State of Ha r yana and to grant all the conse q uential benefits from 28.01.2015 along with a rrears of pay with interest @ 9% per annum till its realization. 3. Learned counsel for the petiti o ner(s) inter alia contends that t h e petitioners a re employees of erstwhile Bhu n a Cooperative Sugar Mill. The r e were 688 e mployees working in the erst w hile Bhuna Cooperative Sug a r Mills and i t was sold by the official liquida t or to M/s Wahid Sandhar Suga r s Limited, w h ich was registered under the C o mpanies Act. The sugar mill w a s sold on ‘a s is where is’ basis. However, the purchaser could not run t h e sugar mill f or long period and the emplo y ees thereof became jobless. T h e numerous e x-employees have been adjusted by sending them in other mil l s in the Stat e of Haryana. The respondent s have adopted a cherry-picki n g approach b y accommodating some emplo y ees in HAFED and extending all benefits to them, whereas the petitioners h ave been unfairly discriminat e d against, as i s discernible from Annexure P- 4 . 4. Per contra, learned counsel for the respondent(s)-Federati o n opposes th e prayer made by learned cou n sel for the petitioner(s) on t h e ground tha t the controversy raised in the present petition has been dealt wi t h by the Coo r dinate Bench in CWP-17837-2006 and connected cases, Bhim Sain and others Vs. State of Haryana and others , decided on 28.01.201 5 , the petitioners were not party to the first r o und of litigation. The petitione r s have base d their claim on the basis of j udgment passed in Bhim Sain

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PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document

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CWP- 2 6425-2021 and connected matt e rs

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(supra), however, the aforementioned cas e was decided by this Court wi t h the consent of both the parties and further a declaratory relief was granted t o the petitio n ers therein, subject to fulfilme n t of eligibility criteria prescrib e d under the relevant Service Rules. Ther e after, some of the employe e s approache d this Court by filing CWP-20055-2017 , titled Zile Singh and others vs. State of Haryana and others , de c ided on 11.07.2019. The petiti o n was filed by employees who did not fulfil the prescribed eligibili t y conditions. In terms of the directions issu e d by this Court, the Governme n t of Haryana took a conscious decision to rel a x the eligibility criteria as a on e - time meas u re, benefit of which was exten d ed to the employees of the Sug a r Mills on 0 2 .02.2021 (Annexure P-3). Thu s , in light of the judgment pass e d in Bhim Sain (supra) , no discrimination i n any manner has been committ e d by the resp o ndents.

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I have heard the learned cou n sel(s) for the respective parti e s and gone t h rough the case file with their ab l e assistance. It transpires that t h e former em p loyees of erstwhile Bhuna Co o perative Sugar Mills have fil e d CWP-17837-2006 and connected cases, Bhim Sain and others Vs. State of Haryana and others , decided on 28.01.2015 and this Court has passed t h e following o rder:-

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“.....In view of the abov e , learned counsel for the parti e s are ad idem that let all these writ petitions be disposed of i n view of the abovesaid unde r taking given on behalf of t h e respondent-State. However, learned counsel for the petitione r s in all these writ petitions s u bmit in one voice that let t h e seasonal employees as well a s permanent seasonal employe e s who had been working in the Bhuna Cooperative Sugar Mill s , r be also directed to be adj u sted on similar posts in oth e

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PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document

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CWP- 2 6425-2021 and connected matt e rs

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cooperative sugar mills of th e respondent-State, as and wh e n the posts of the said catego r y become available. They al s o submit that since many of t he ex-employees of the Bhu n a Cooperative Sugar Mills hav e become overage for first ent r y into service, relaxation in age may be directed to be granted t o them.

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Having heard the lea r ned counsel for the parties a t considerable length and afte r giving thoughtful considerati o n to the peculiar fact situation n o ticed hereinabove, all these w r it petitions are disposed of w i th direction to the responde n t authorities to adjust all the ex-employees of the erstwhi l e Bhuna Cooperative Sugar M i lls including the petitioners, o n the posts of their respectiv e categories, against availab l e r vacant posts in other coopera t ive sugar mills, as well as oth e cooperative institutions of th e respondent State, as early a s possible, subject to fulfillment of eligibility criteria, prescrib e d under the relevant Service Ru l es, however, granting relaxati o n in age, wherever it is required.

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It is further directed th a t the respondent authorities shall make an endeavour to adjust a ll the ex-employees of erstwhi l e Bhuna Cooperative Sugar Mi l ls in their respective categorie s , at an early date because it will be in the interest of t h e petitioners as well as the Wel fa re State. Except in the emerge n t situations, the respondent aut h orities shall not fill any vaca n t post in the cooperative sugar m ills as well as other cooperati v e institutions in the State, till the ex-employees of erstwhi l e Bhuna Cooperative Sugar M i lls are adjusted. However, it i s also made clear that the a ppointments given to the e x - employees of erstwhile Bhun a Cooperative Sugar Mills wou l d be treated as fresh appointme n ts.

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PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document

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CWP- 2 6425-2021 and connected matt e rs

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With the above-said o b servations made and directio n s issued, all these writ petitions stand disposed of, however, wi t h no order as to the costs.

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As such, the issued raised by t h e petitioner(s) with regard to t h e benefit of t h e past service was not extende d by this Court while disposing o f the above w rit petition, rather it has been also clarified that appointmen t s given to t h e ex-employees of erstwhile B huna Cooperative Sugar Mil l s would be t r eated as fresh appointments. T h e judgment passed in Bhim Sain (supra) has attained finality in the year 2015 as neither of the party filed a n y Intra-Court Appeal against the said order. A dmittedly the former employe e s of the erst w hile Buna Cooperative Suga r Mills have been adjusted a n d provided reemployment in terms of Bhim Sain (supra).

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In view of the foregoing discu s sion, this Court finds no merit i n the present writ petitions. Consequently, a ll the five writ petitions stan d s dismissed a s being devoid of merit.

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