Suman Rani And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 225(3)+230(2) Decided on :09.01.2024

(1) CWP-7976-2020 (O&M) Suman Rani And Anr . .Petitioners

Versus

State of Haryana and others . . . Respondents (II) CWP-10984-2020 (O&M) Kavita . .Petitioner

Versus

State of Haryana and others . . . Respondents (III) CWP-12399-2020 (O&M) Suman Rani And Another . .Petitioners

Versus

State of Haryana and others . . . Respondents (1) CWP-8907-2021 (O&M) Pardeep Kumar And Ors . .Petitioners

Versus

State of Haryana and others . . . Respondents (II) CWP-18663-2021 (O&M) Dinesh Kumar . .Petitioner

Versus

State of Haryana and others . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Daman Batalvi, Advocate and Ms. Monika Khatri, Advocate for the petitioners.

Mr. Ashish Rawal, Advocate for the Union of India.

Mr. Pankaj Middha, Additional Advocate General, Haryana. **** HARSIMRAN SINGH SETHI , J. (Oral) 1.

By this common order, above mentioned writ petitions are being disposed of as all the writ petitions involve the same question of law on

CWP-7976-2020 (O&M) & connected petitions CWP-8907-2021 (O&M) & connected petitions -22024:PHHC: 001933 similar facts.

2.

In the bunch of present petitions, the grievance of the petitioners is that they were initially appointed by the department concerned but their services was sought to be transferred to a private outsourcing agency which is arbitrary and illegal.

3.

Learned counsel for the petitioners submits that keeping in view the interim order passed by this Court, some of the petitioners are already continuing in service.

4.

Learned State counsel on the other hand submits that after the filing of the present petitions, policy qua the appointment through the outsourcing agency has already undergone a change and all the appointments done through the outsourcing agency are now being made through Haryana Kaushal Rojgar Nigam and not only from the private contractors.

5.

Learned counsel for the respondents further submits that once the appointments are now been made under the Government agency, the prayer of the petitioner that they may be not transferred to a private outsourcing agency has already been rendered infructuous. 6.

Learned counsel for the petitioners submits that the petitioners be allowed to continue in service as the work of the said post still exists and their name be updated on the portal of the Haryana Kaushal Rojgar Nigam for the said purpose.

7.

Learned state counsel submits that in case, the petitioners are continuing on the post and the work of the said post exists, the petitioners will be allowed to continue in service till the work of the said post exists in

CWP-7976-2020 (O&M) & connected petitions CWP-8907-2021 (O&M) & connected petitions -32024:PHHC: 001933 case the work and conduct of the petitioners remains satisfactory. 8.

Learned counsel for the respondents further submits that the petitioners will not be transferred to a private outsourcing agency and in case they are entitled to be brought their name on the portal of Haryana Kaushal Rojgar Nigam for continuance, the appropriate steps will be taken in case such claim is raised before the appellate authority. 9.

Learned counsel for the petitioners submits that keeping in view the statement made by learned counsel for the respondents recorded herein before, the grievance of the petitioners as raised in the present petitions stands satisfied, hence the present petitions may kindly be disposed of having been not pressed any further with liberty to raise appropriate claim before the authorities under Haryana Kaushal Rozgar Nigam. 10.

Ordered accordingly.

11.

Pending civil miscellaneous application, if any, also stands disposed of.

12.

A photocopy of this order be placed on the files of connected cases.

(HARSIMRAN SINGH SETHI) JUDGE 09.01.2024 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No