Sanjay Kumar And Others v. State Of Haryana And Others

118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2927-2022 Date of Decision:03.03.2022 SANJAY KUMAR AND OTHERS

...Petitioners

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Mazlish Khan, Advocate for Mr. Munfaid Khan, Advocate for the petitioners.

Ms. Kirti Singh, D.A.G., Haryana.

(Presence marked through Video Conference) ARUN MONGA, J. (ORAL) Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondent-department to consider the applications dated 10.12.2021 (Annexures P-9 to P-11) for their reengagement as Ward Attendant by considering the advisory letters dated 20.03.2020 and 23.03.2020 (Annexure P-7 and P-8 respectively) issued by Ministry of Labour and Employment, Government of India and Labour Department of Haryana Government.

2.

Learned counsel for the petitioners submits that the petitioners were appointed as Ward Attendant at Shaheed Hasan Khan Mewati Government Medical College, Nalhar, Mewat on contractual basis in the year 2015. Vide order dated 17.05.2021 (Annexure P-3), the services of the petitioners were terminated due to their absence from duty on various dates without affording any opportunity of hearing to them. Learned counsel while relying upon letter dated 23.03.2020 (Annexure P-8) issued by the Principal Secretary to Government of Haryana submits that any employee, who is working on daily/contractual basis, cannot be terminated from their jobs and also their salary/wages cannot be deducted during COVID-19 but the services GURPREET KAUR 2022.03.04 08:41 I attest to the accuracy and integrity of this document

of the petitioners along with others have been terminated. He further submits that some of the terminated employees have been re-engaged but the petitioners are still out of job. Learned counsel further submits that qua their aforesaid grievance, petitioners submitted applications dated 10.12.2021 (Annexures P-9 to P-11), but to no avail. Hence, the instant petition. 3.

Learned counsel for the petitioners states that the petitioners will be satisfied, in case a final decision is taken, either way, by the competent authority on their pending applications dated 10.12.2021 (Annexures P-9 to P-11) giving reasons thereof.

4.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

5.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioners as per their applications dated 10.12.2021 (Annexures P-9 to P-11) and keeping in view the contention raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

6.

Let the needful be done as expeditiously as possible. 7.

Disposed of accordingly.

(ARUN MONGA) JUDGE 03.03.2022 gurpreet Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2022.03.04 08:41 I attest to the accuracy and integrity of this document