Harjinder Kaur v. State Of Punjab And Others
CWP-5689-2024 2024:PHHC:035499
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CWP-5689-2024 Date of decision: 12.03.2024 Harjinder Kaur ....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :
Mr. G.P. Vashisht, Advocate and Ms. Armaan Saggar, Advocate for the petitioner. ***** AMAN CHAUDHARY. J.
1.
The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of mandamus, for directing the respondents to regularize the services of the petitioner against the regular post.
2.
Learned counsel would submit that the petitioner was appointed as Peon vide order dated 14.10.1997 for six months and thereafter her services were terminated on 12.10.1998, upon which CWP-18927-1998 was filed challenging the same and during the pendency thereof, she was appointed on 21.10.1998 as part time sweeper on the rates fixed by the Deputy Commissioner, Ferozepur. The said writ petition was thereafter withdrawn on 23.09.2008 with liberty to file a fresh. Since 1998, she has been working and is thus seeking regularization of services in terms of the policy/instructions and judgment in case of similarly situated employees passed by this Court in CWP1824-2014 titled as Surjit Kaur vs. State of Punjab and others, decided on 16.01.2015, against which the LPA-771-2015 filed by the State was dismissed on 29.04.2016 and even SLP No.23464 of 2016 met the same fate on HAMANT 2024.03.13 19:10 I attest to the accuracy and integrity of this order/judgment
CWP-5689-2024 2024:PHHC:035499 09.12.2016. In this regard, a legal notice dated 01.12.2022, Annexure P-8 and a reminder thereto, dated 08.05.2023, Annexure P-10 have been sent to the respondents, which have yet not evoked any response. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting her an opportunity of hearing. 3.
Notice of motion.
4.
At the asking of the Court, Mr. Manipal Singh Atwal, DAG, Punjab accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.
5.
In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to the respondents to consider the legal notice dated 01.12.2022, Annexure P-8 and decide the same taking note of the aforesaid judgments referred to by the petitioner, within a period of six months and . However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith. (AMAN CHAUDHARY) JUDGE 12.03.2024 Hemant Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No HAMANT 2024.03.13 19:10 I attest to the accuracy and integrity of this order/judgment