Sumant Sharma v. Haryana State Board Of Technical Education

CWP-2625-2020 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2625-2020 (O&M) Date of Decision: 27.03.2025 Sumant Sharma

...Petitioner(s)

Versus

Haryana State Board of Technical Education ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. R.K. Malik, Senior Advocate with Mr. Kartikey Chaudhary, Advocate, and Mr. Anshul Labana, Advocate for the petitioner Mr. Rajesh K. Sheoran, Advocate, and Mr. Ojasvi Taak, Advocate for the respondent TRIBHUVAN DAHIYA, J. (Oral) With the consent of learned counsel for both the parties, main case is taken on Board by advancing the date of hearing to today. 2.

The petition has been filed seeking a writ of mandamus directing the respondent to allow the petitioner to continue working as Programmer on contractual basis till any regular incumbent joins, and grant him minimum of scale prescribed for the post from the date of initial appointment. 3.

Learned senior counsel contends that the petitioner has been continuing in service since 08.05.2017, with periodic extensions from time to time. His last extension is up to 31.03.2025. However, the government has recently enacted the Haryana Contractual Employees (Security of Service) Act, 2024 (for short 'Act of 2024'), wherein the petitioner is entitled to protection in service until he attains fifty-eight years of age. Therefore, he may be permitted PAYAL 2025.03.27 17:44 I attest to the accuracy and integrity of this document

CWP-2625-2020 (O&M) -2to withdraw the petition to file a fresh one seeking protection under the Act. The only apprehension is his service might not be extended by the respondents beyond 31.03.2025.

4.

In view of the aforesaid facts, the petitioner is permitted to withdraw the instant petition with liberty to file a fresh one seeking protection under the Act of 2024, and the respondents are directed to issue a show cause notice and consider his response thereto before deciding to discontinue his service beyond 31.03.2025.

Pending application(s), if any, also stand(s) disposed of. (TRIBHUVAN DAHIYA) JUDGE 27.03.2025 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2025.03.27 17:44 I attest to the accuracy and integrity of this document