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High Court of Punjab and HaryanaCWP/12087/2001dismissed

Uma Saini v. State Of Haryana And ORS

2025-08-04Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-12087-2001 (O&M) Date of Decision :04.08.2025 Uma Saini

...Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

None for the petitioner.

Dr. Neha Awasthi, Additional Advocate General, Haryana. TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to grant the benefit of pay protection to the petitioner by protecting the pay drawn by her as on 02.12.1997, when she was relieved from Saini Kanya High School, Rohtak.

2.

Learned State counsel contends that the petitioner is not entitled to protection of her pay in terms of Rule 11.1 of the Punjab Civil Services Rules, Volume I, Part I. The petitioner was directly recruited as JBT teacher pursuant to a fresh selection, which had no connection with her earlier appointment or service; nor had she applied for the post through proper channel. Therefore, she cannot seek protection of pay.

3.

There is no denial to these facts, nor has any counter affidavit been filed.

PUSHPINDER SAINI 2025.08.07 18:54 I attest to the accuracy and integrity of this document

CWP-12087-2001 -24.

In view of the facts aforementioned, especially when the petitioner did not apply for the post through proper channel, she could not be held entitled to protection of pay drawn by her in the school where she had been previously working.

5.

Dismissed.

(TRIBHUVAN DAHIYA) August 04, 2025 JUDGE ps Whether speaking/ reasoned :

Yes/No Whether reportable :

Yes/No PUSHPINDER SAINI 2025.08.07 18:54 I attest to the accuracy and integrity of this document