High Court of Punjab and HaryanaCWP/8096/2019disposed of

Mahesh Kumar And ANR v. Haryana Seeds Development Corporation Ltd And ANR.

2022-05-18Mrs. Justice Lisa Gill2 pages

266-a

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-6183-CWP-2022 and CM-6184-CWP-2022 in/and CWP-8096-2019 (O&M) Date of Decision: May 18, 2022 MAHESH KUMAR AND ANOTHER

HARYANA SEEDS DEVELOPMENT CORPORATION LTD.

AND ANR.

CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Jai Bhagwan Sharma, Advocate for the applicant-petitioners. Mr.Kuldeep Tiwari, Advocate for respondent No. 1. Mr. Sandeep S. Mann, Addl. AG, Haryana for respondent No. 2. *** LISA GILL, J.

CM-6183-CWP-2022 Prayer in this application is for preponement of date of hearing of the writ petition, which is listed for 07.07.2022. For the reasons mentioned in the application as well as arguments addressed, hearing the petition is preponed from 07.07.2022 for today itself. Application is disposed of.

CM-6184-CWP-2022 in/and CWP-8096-2019 (O&M) Petitioners are working on the post of Accounts Clerk on contract basis. Prayer in this writ petition is for quashing of Advertisement No. 3 dated 02.03.2019 wherein applications for eleven (11) posts of Accounts Clerks have RITU SHARMA 2022.05.27 13:46 I attest to the accuracy and integrity of this document

CM-6183-CWP-2022 and CM-6184-CWP-2022 in/and CWP-8096-2019 (O&M) -2been invited. Petitioners apprehending termination of their services in the event of recruitment on regular basis filed the present writ petition. It is submitted that petitioners were appointed under Outsourcing Policy Part II of the State. It is further prayed that petitioners are entitled to minimum salary as per minimum regular pay scale as well.

Learned counsel for the petitioners submits that advertisement dated 02.03.2019 has been withdrawn, therefore, writ petition is rendered infructuous qua the said prayer whereas prayer for release of minimum salary survives. Keeping in view the facts and circumstances as above, CM-6184CWP-2022 is allowed and this writ petition is disposed of with a direction to respondent No. 1 to consider the claim of the petitioners for release of salary, as per minimum of the pay scale as claimed in the writ petition and decide the same expeditiously and preferably within three months of receipt of certified copy of this order.

It is made clear that there is no expression of opinion on the merits of the matter and in case of any adverse order, same be by way of speaking order. (LISA GILL) May 18, 2022 JUDGE rts Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No RITU SHARMA 2022.05.27 13:46 I attest to the accuracy and integrity of this document