Rinki And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-4990-2019 (O & M) Date of decision: 25.02.2019 Rinki & ors.

.... Petitioners V/s State of Haryana and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Preetwinder Singh Dhaliwal, Advocate, for the petitioners. ***** Rajan Gupta, J. (Oral) Petitioners have prayed for a writ in the nature of certiorari for quashing order dated 27.11.2018 (Annexure P-5) whereby it has been decided to outsource the process of recruitment to Thapar University, Patiala for the posts of Motivators. It has been urged before the court that as the petitioners have already worked on contract basis since the year 2016, they cannot be replaced by another set of contractual employees. It appears that an advertisement in the year 2016 was issued by the Water Supply and Sanitation Division, Barnala for engagement of Motivators on outcome/output basis for campaign to carry out water supply for 10 hours in the villages. Incentives varying from Rs.10,000/- to Rs.15,000/- per village was offered.

It appears petitioners were selected in walk-in-interview. They worked for some time with the Sanitation Department. A decision has now been taken by the State of Punjab to recruit 28 Community Development Specialists (CDS) at Divisional level, 32 Information Education Communication Specialists (IEC) at Divisional level and 205 Community Facilitators (CF) at Sub-Divisional level on contract SUKHPREET KAUR 2019.04.

CWP-4990-2019 (O & M) ::2::

basis. It has been decided to out-source the recruitment to the Thapar University, Patiala. The court finds no infirmity with the decision taken. Mere engagement of the petitioners for carrying out a campaign does not vest any legal right to continue as such. The plea of the petitioners that post of Motivators is at par with post of Community Facilitators and, thus, their recruitment on contractual basis is wrong and illegal, is untenable as petitioners were only engaged to carry out a campaign. Petition is, thus, without any merit and is hereby dismissed. (RAJAN GUPTA) February 25, 2019 JUDGE Ajay/ sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2019.04.06 14:11 I attest to the accuracy and integrity of this document