Praveen Kumar And ORS v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-2375-2022 Date of decision: 09.02.2022 Praveen Kumar and others
...Petitioners
V/S State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:
Mr. Atul Prataap Dhankhar, Advocate, for the petitioners.
Ms. Kirti Singh, DAG, 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 respondents to take back them into service, claiming the applicability of an administrative letter/instructions dated 12.10.2021 (Annexure P-4).
2.
Learned counsel for the petitioners submits that petitioners were appointed as Class-IV employees under the Outsourcing Policy. They were posted in the office of Civil Surgeon, Palwal. Services of the petitioners were summarily terminated in the months of December, 2018 and January, 2019, respectively. He submits that respondent No.2 circulated a letter dated 12.10.2021 (Annexure P-4) stating that retrenched/terminated outsourced employees shall be taken back in service forthwith. Seeking compliance thereof, petitioners also submitted representations dated 21.10.2021, 08.11.2021 and 14.10.2021 (Annexures P-5 to P-7)) but to no avail. Hence, the instant petition.
3.
On advance service, learned State counsel joins proceedings and opposes issuance of notice of motion and submits that competent VANDANA 2022.02.10 09:40 I attest to the accuracy and authenticity of this document
authority shall take decision either way, on the pending representations of the petitioners, in due course.
4.
Learned counsel for the petitioners also agrees that let a final decision be taken, by the competent authority on the pending representations dated 21.10.2021, 08.11.2021 and 14.10.2021 (Annexure P-5 to P-7). 5.
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.
6.
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 representations dated 21.10.2021, 08.11.2021 and 14.10.2021 (Annexures P-5 to P-7) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law. 7.
Needful be done within a period of sixty days from today. 8.
Disposed of accordingly.
(ARUN MONGA) JUDGE February 09, 2022 Vandana Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No VANDANA 2022.02.10 09:40 I attest to the accuracy and authenticity of this document