Kusum Lata v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 113 Civil Writ Petition No.5552 of 2024 Date of Decision: March 11, 2024 Kusum Lata ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. Ravinder Singh Dhull, Advocate, for the petitioner. Mr. Sanjeev Kaushik, Additional Advocate General, Haryana.

. . .

Tribhuvan Dahiya, J (Oral) The petition has been filed for setting aside the order dated 18.09.2023, Annexure P-28, whereby the petitioner's case for adjustment as Extension Lecturer was rejected by the second respondent. 2.

Learned counsel for the petitioner contends that the petitioner was working as Extension Lecturer in the Department, and she was relieved on account of being ineligible. It is claimed that she has acquired the eligibility by passing National Eligibility Test in 2022, and has become eligible for adjustment as Extension Lecturer on that basis. The latest policy dated 14.12.2023, Annexure P-29, provides that the eligibility has to be acquired on or before 30.06.2023 for being considered for adjustment. Accordingly, the petitioner's case has been wrongly rejected.

CWP No.5552 of 2024 [2] 3.

Learned State counsel, appearing on advance notice, points out that the petitioner, despite being ineligible, was initially engaged due to non-availability of regular Assistant Professors and eligible Extension Lecturers. Pursuant to policy guidelines dated 20.07.2017, Annexure P-7, providing that no ineligible person is to be engaged as Extension Lecturer and the ineligible persons already engaged by the College Principal are to be removed from service, the petitioner was relieved on 06.10.2017 being ineligible. The policy guidelines issued by the Department from time to time clearly provide that only the eligible Displaced Extension Lecturers can be readjusted. Accordingly, the petitioner has no right to the adjustment. 4.

It is apparent on record that the Department has issued policy guidelines dated 04.03.2020, Annexure P-13, for engaging eligible Extension Lecturers. Clause 20 of the policy provides for adjustment of Displaced Extension Lecturers. One of the conditions for adjustment is that only the persons who worked as eligible Extension Lecturers for at least one semester but were relieved due to less workload/joining of regular Assistant/Associate Professors by way of transfer/deputation or fresh appointment on or after 01.07.2014, are to be considered 'Displaced Extension Lecturer'. Even the latest amendment to the policy dated 14.12.2023, Annexure P-29, requires that only an eligible Displaced Extension Lecturer is entitled to adjustment provided he/she has acquired eligibility on or before 30.06.2023. The petitioner, undisputedly, was engaged and relieved being ineligible Extension Lecturer. Therefore, she cannot be considered a Displaced Extension Lecturer in terms of the policy, nor can she seek re-adjustment on that ground. 5.

In view thereof, there is no ground to entertain the petition.

CWP No.5552 of 2024 [3] 6.

Dismissed.

(Tribhuvan Dahiya) Judge March 11, 2024 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No