High Court of Punjab and HaryanaCWP/4928/2019disposed of

Pawan Singh And ORS. v. State Of Haryana And Others

2019-02-25Ms. Justice Ritu Bahri2 pages

CWP No. 4928-2019 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 4928-2019 Date of decision : 25.02.2019 Pawan Singh and others

...Petitioners

versus State of Haryana and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Deepak Raghava, Advocate for the petitioners.

**** RITU BAHRI , J. (Oral) Petitioners are seeking direction to the respondents to allow them to continue as Assistant Professor/Extension Lecturer and do not replace against transfer or deputation of regular employees, temporary, contractual joining.

At the very outset, learned counsel for the petitioners has referred to order dated 21.02.2019 whereby petitioner No. 1 has been ordered to be relieved on transfer of Ms Rekha Bai, Assistant Professor of Physics.

Learned counsel further submits that petitioner nos. 2 and 3 are also apprehending that they will be relieved on joining of new candidate by way of transfer.

Petitioner is relying upon judgment of this Court in a case of Mamta Rani and others vs. State of Haryana and others, decided on 09.10.2018, passed in CWPNo. 26077-2018 (P-1) Gaurav Arora 2019.03.06 14:57 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 4928-2019 -2Notice of motion On asking of the Court, Mr. Kiran Pal Singh, AAG, Haryana accepts notice on behalf of the State. Learned counsel for the petitioner is directed to supply copy of the petition to the learned State counsel by today itself.

Without expressing any opinion on the merits of the case, instant petition is disposed of with a direction to respondent No. 3 to allow the petitioners to work till regular appointments are made and the petitioners shall not be replaced on the basis of transfer/deputation of regular employee, subject to the condition that their work and conduct is satisfactory. However, if the petitioners are relieved, they be taken back into service immediate and further it is made clear that if some new regular candidates joins, the petitioners can be relieved on the basis of last come first go, in view of Mrs. Rita Tondon vs. State of Haryana and others, passed in CWP No. 16975-2014, decided on 29.07.2016. (RITU BAHRI) JUDGE 25.02.2019 G Arora Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.03.06 14:57 I attest to the accuracy and integrity of this document Chandigarh