State Of Haryana And Another v. Jaspal And Others

(125) 2023:PHHC: 011721-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-272-2024 (O&M) Date of decision:- 29.01.2024 The State of Haryana and another ...Appellant(s)

Versus

Jaspal and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Deepak Balyan, Additional Advocate General, Haryana, for the appellants.

* * * * RITU BAHRI, A.C.J. (ORAL) CM-621-LPA-2024 For the reasons mentioned therein, the delay of 24 days in refiling the appeal is condoned. The application stands disposed of.

LPA-272-2024 The appellants have come up in appeal against the judgement and order dated 11.09.2023 passed by the learned Single Judge, whereby the writ petition being CWP-17543-2002 filed by the petitioners (respondents herein) was allowed giving them the benefit of continuity in service. The facts not in dispute are that respondents No. 1 to 3 were appointed as Mali-cum-Chowkidar and respondents No. 4 and 5 were appointed as Motor Mate i.e. all on Class-IV posts starting from March, 1996 onwards. They worked continuously till 1999 and thereafter their services were terminated.

From a perusal of the impugned judgement, it is evident that a direction was given by the learned Single Judge to grant the respondents the benefit of continuity in service keeping in view that their juniors had been retained while terminating their services. The writ petition filed by the petitioners has been rightly allowed by the learned Single Judge by giving them the benefit of continuity of service from the date they were initially appointed and they have given up their claim for back-wages. We, therefore, find no ground to interfere with the impugned judgement passed by the learned Single Judge. The appeal being meritless, accordingly, stands dismissed. (RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 29.01.2024 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2024.01.29 23:03 I attest to the accuracy and authenticity of this order/judgement