Arif Hussain v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12001-2021 Date of Decision: 07.07.2021 Arif Hussain ..Petitioner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Mazlish Khan, Advocate, for the petitioner.

Mr. Rajneesh Chadwal, AAG, Haryana.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) Grievance of the petitioner is that he has been subjected to hostile discrimination, inasmuch as, similarly situated Lab Technicians, who were working along with him under National Health Mission Scheme were taken back in service in the years 2019 and 2020, respectively, though on contract, even though all of them including petitioner were relieved from contractual service in the year 2015. Despite there being requirement of Lab Technicians, since posts are lying vacant as pleaded in the petition, the petitioner has not been accorded the similar benefit.

2.

Reference may be had to paras 14 and 15 of the petition wherein it is specifically stated that similarly situated employees, when they approached this Court vide CWP No.6325 of 2019 and CWP No.18772 of 2020 were taken back on contract.

3.

Learned counsel for the petitioner submits that in the premise, petitioner submitted a representation dated 01.06.2021 (Annexure P-16) but to no avail. Hence, the instant petition.

VANDANA 2021.07.07 17:18 I attest to the accuracy and integrity of this document

4.

Notice of motion.

5.

Learned State counsel, joins proceedings on advance service and accepts notice on behalf of the respondent-State of Haryana. 6.

At this stage, learned counsel for the petitioner submits that let a final decision is taken, either way, by the respondents on the pending representation dated 01.06.2021 (Annexure P-16), giving reasons thereof. 7.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

8.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation dated 01.06.2021 (Annexure P-16) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

9.

Let the needful be done within a period of 60 days from today. 10.

Disposed of accordingly.

(ARUN MONGA) JUDGE July 7, 2021 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.07.07 17:18 I attest to the accuracy and integrity of this document