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High Court of Punjab and HaryanaCWP/5978/1997disposed of

Balwinder Kumar v. State Of Haryana And ORS.

2024-02-02Mr. Justice Tribhuvan Dahiya2 pages

CWP No.5978 of 1997 -1- 2024:PHHC:014641  

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CWP No.5978 of 1997 Date of Decision : 2.2.2024  Balwinder Kumar ..... Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Ms. Sweta, Advocate, for Mr. Gurdev Singh, Advocate, for the petitioner Mr. Rohit Arya, DAG, Haryana --- TRIBHUVAN DAHIYA J. (ORAL): The petition has been filed, inter alia, seeking a writ of certiorari quashing the condition limiting the petitioner's appointment to eighty-nine days, and a writ of mandamus directing the respondents to continue him in service till availability of regularly selected persons on the post he is working against.

2.

As per averments in the petition, the petitioner was engaged on contract basis as Lecturer in Commercial Arts, vide appointment letter dated 31.10.1995, on consolidated sum of Rs.2500/- for a period of two months, and joined as such on 1.11.1995. The tenure of contractual appointment was later extended. It was also claimed that the petitioner was discharging duty as a regular Lecturer, and was assigned the same responsibilities also. The clause limiting his appointment to eighty-nine days was, therefore, arbitrary and unconstitutional. 3.

Learned State counsel, however, submits that the petitioner's Ashwani Kumar 2024.02.07 14:36 I attest to the accuracy and integrity of this document

CWP No.5978 of 1997 -2- 2024:PHHC:014641   contract of service expired on 15.6.1997, and was relieved from duties with effect from that date itself. At this stage, he cannot be taken back in service, besides there is no privity of contract between him and the Department.

4.

The facts have not been disputed by learned counsel for the petitioner.

5.

In view thereof, no cause survives to the petitioner, and the petition, accordingly, stands disposed of.

 (TRIBHUVAN DAHIYA) JUDGE 2.2.2024 Ashwani   

           Ashwani Kumar 2024.02.07 14:36 I attest to the accuracy and integrity of this document