High Court of Punjab and HaryanaCWP/6991/2023disposed of

Naresh Kumar And ORS v. State Of Haryana And Others

2023-04-10Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6991-2023 (O&M) Date of Decision: 10.04.2023 NARESH KUMAR AND ORS ... Petitioners

Versus

STATE OF HARYANA AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Jasbir Singh Mor, Advocate for the petitioners. **** HARNARESH SINGH GILL, J.(Oral) Prayer in this petition is for issuance of a writ in the nature of Mandamus directing the respondents to allow the petitioners to continue on deputation in their respective schools in District Mewat, against the post of JBT/PRT Teachers, in view of the order dated 21.12.2022 passed by a Coordinate Bench of this Court in CWP-209232017. Notice of motion.

On the asking of this Court, Mr. RS Budhwar, Additional AG Haryana accepts notice. He has placed on record an official communication dated 31.03.2023 issued by the Director, Elementary Education, Haryana to the District, Elementary Education Officers, Panchkula and Mewat, Haryana. The same is taken on record as Mark 'A'. He submits that as per the said communication, the petitioners and all such like teachers will not be relieved till further orders and that exercise of allocation of permanent posting to the petitioners and all such like teachers, recruited in the year 2004, 2008 and 2011, is under process and the same will be completed in due course of time. AMAN JAIN 2023.04.11 11:16 I attest to the accuracy and integrity of this document

CWP-6991-2023 (O&M) -2I have heard the learned counsel for the parties. As noticed above, vide communication dated 31.03.2023 (Mark 'A'), a conscious decision has already been taken by the Director, Elementary Education, Haryana, that all the teachers in the District of Panchkula and Mewat, will not be relieved till further orders. In view of the above, the present petition is disposed of with directions to the respondents to allow the petitioners to continue on their present places of posting, till allocation of Districts. However, in case of any exigency, respondent No.2-Director, Elementary Education, Haryana, would be at liberty to exercise his power of transferring the petitioners, after giving them an opportunity of hearing and as per the Policy.

10.04.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2023.04.11 11:16 I attest to the accuracy and integrity of this document