Harmandeep Kaur v. Union Of India & ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 19.05.2023 HARMANDEEP KAUR ....Petitioner
Versus
UNION OF INDIA & ORS.
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Ms. Alka Chatrath, Advocate and Ms. Sandeep Kaur, Advocate for the petitioner. Mr. Ramesh Chand Sharma, Advocate for respondents No.1 2 and 4.
Mr. Inderpreet S. Kang, Asstt. Advocate General, Punjab PANKAJ JAIN, J. (ORAL) On 12th of April, 2023 following order was passed : "Petitioner herein was appointed as Counsellor with the Punjab State AIDS Control Society pursuant to Annexure P-1 being being Diploma in Nursing. She worked from 2007 till 17.06.2010 i.e. for about 2 1⁄2 years when the impugned order was passed denying her extension of contract of service holding her not eligible due to lack of experience as prescribed under the NACO Guidelines.
Petitioner approached this Court by way of CWP No.11293 of 2010 which was disposed off vide order dated 30.06.2010 in the following terms :- "Having heard leaned counsel for the petitioners, I am of the considered view that though no fault can be found with the action of the Punjab State AIDS Control Society for want of one time relaxation in the experience of the petitioners, never-the-less the experience gained by the petitioners meanwhile requires serious consideration by the NACO. Suffice it to observe that by now the petitioners have obtained the requisite experience and their contractual appointments could be allowed to continue by treating
-2them fully eligible.
The writ petition is accordingly disposed of with liberty to the petitioners to submit a representation before the Secretary, National AIDS Control Organization alongwith proof of their experience before and after their appointments. If any such representation is made, the Competent Authority in the National AIDS Control Organization is directed to reconsider the request forwarded
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2.
Pursuant thereto affidavit of Dr. Sukhwinder Kaur, Joint Director Basic Services Punjab State AIDS Control Society, Dakshin Marg Prayas Building, Sector 38-B, Chandigarh has been filed, as per which the details of posts which are vacant as on date read as under : "1.
Total Sanctioned Post of Counselors in PSACS (under NACP-V) Starts from April, 2021 = 253 2.
Vacant Posts till date = 20 3.
Filled Posts = 233"
3.
Thus the situation that now arises is that the posts are lying vacant with the respondents. The petitioner is in possession of eligible qualification and has worked with the respondents for more than
-42 1⁄2 years and is being non-suited merely for the reason that she is short of experience by six months.
4.
Admittedly, the petitioner worked for more than 2 1⁄2 years without there being any shortcoming in her work and conduct. Considering such aspect and keeping in view the peculiar facts & circumstances of the present case, respondents are directed to consider the petitioner against the vacant post for fresh appointment within a period of four weeks from the date of receipt of certified copy of this order. 5.
The writ petition is disposed off.
May 19, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No