Baljeet Singh And ORS v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-7256-2021 Date of Decision:31.03.2021 Baljeet Singh and others

...Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR JUSTICE ARUN MONGA Present: - Mr.Vipin Pal Yadav, Advocate, for the petitioners.

Ms.Mamta Talwar, DAG, Haryana ARUN MONGA, J. (ORAL) Learned State counsel appears on advance service. At the outset,she objects to the maintainability of the writ petition at this stage. She argues that the petition is premature, as the notification dated 4.3.2021 (Annexure P-1), impugned herein, has been issued by the Government of Haryana qua all the surplus drivers of Transport department, to be adjusted in the other departments/boards/public sector undertakings etc. She submits that the petitioners, who were hired as drivers on contract basis have not been given any notice of dispensing with their services. Merely on an apprehension that the impugned notification may result in dispensing with their services, the present petition has been filed.

2.

Confronted with the situation, learned counsel for the petitioners submits that, the petitioners have been though working on contract basis, but have rendered uninterrupted 9 years of service. Their services cannot, therefore, be summarily dispensed with. While on the one hand, they have all through outbeen sanguine, that their services would be regularized in due course in SHALINI BHATIA 2021.04.01 14:54 I attest to the accuracy and integrity of this document

terms of the Apex Court judgment renderedin State of Karnataka and others vs Umadevi And Others1.

3.

Be that as it may, the writ petition appears to have been filed prematurely, as admittedly no notice has been issued to the petitioners to either dispense with their services or even any contemplation thereof. 4.

Disposed of with liberty to the petitioners to approach this Court, in case any adverse action is taken and/or is in contemplation, at later stage by respondent No.3.

(ARUN MONGA) 31.03.2021 JUDGE
 Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No   1 2006(4) SCC 1 SHALINI BHATIA 2021.04.01 14:54 I attest to the accuracy and integrity of this document