Pawan Kumar And Others v. State Of Haryana And Others
Sr.No. 206
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-11641-2019 Date of decision: 17.11.2021 Pawan Kumar and others
...Petitioners
Vs.
State of Haryana and others
...Respondents
CWP-3563-2020 Yogita and others
...Petitioners
Vs.
State of Haryana and others
...Respondents
CWP-13270-2020 Mukesh
...Petitioner
Vs.
State of Haryana and others
...Respondents
CWP-2466-2021 Geeta Rani
...Petitioner
Vs.
State of Haryana and others
...Respondents
CWP-11639-2021 Surekha
...Petitioner
Vs.
State of Haryana and others
...Respondents
CWP-20947-2021 Akvinder Kaur
...Petitioner
Vs.
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:
Mr. Narender Kumar Sharma, Advocate, Mr. Kamal Singh, Advocate, Mr S.K.Bishnoi, Advocate, Mr. Chanakya Pandit, Advocate, Mr. Jangjit Singh Dahiya, Advocate, for the petitioner(s).
Mr. Saurabh Mohunta, DAG, Haryana.
*** ARUN MONGA, J. (ORAL) Vide this common order, aforementioned bunch of petitions involving common questions of law and facts are being disposed of. CWP-11641-2019, for brevity is being treated as lead case. During pendency of the proceedings, the grievance of the petitioners qua not allowing them to join the services stands mitigated as they have all been allowed to join back on their respective posts and, therefore, to that extent proceedings are rendered infructuous. However, learned counsel representing the petitioners submits that some of the petitioners have not been paid arrears of their salary for the months of April and May, 2021 by the respondents. Per contra, learned State counsel submits that salary has to be paid by the contractor outsourced by the official respondents to whom the remittance is being made by the department qua every person deputed in their respective offices.
Being so, official respondents shall ensure that the arrears of the salary for the months of April and May, 2021 to those petitioners who have not been paid are also remitted, subject of course to the verification that for the corresponding period they had rendered work. It is expected of the official respondents that services of the petitioners, if required on their respective posts which are being manned by them shall not be dispensed with unless of course regular appointments are proposed to be made.
No further orders are required to be passed. Disposed of accordingly.
It is, however, made clear that observations above shall not be construed to mean that in case, services of petitioners are not required even then official respondents are bound to continue with their contract with the outsourced contractor.
Photocopy of this order be placed on the connected case files. 17.11.2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No