Radha Krishan v. State Of Haryana And Others

117 CWP-15498-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Civil Writ Petition No.15498 of 2021 (O&M) Date of Decision: August 13, 2021 Radha Krishan ..........Petitioner.

VERSUS

State of Haryana and another ........Respondents.

CORAM:- HON'BLE MR. JUSTICE G. S. SANDHAWALIA

Present:

Mr. Lekh Raj Sharma, Advocate for the petitioner.

(The proceedings are being conducted through video conferencing, as per instructions) ******* G.S. SANDHAWALIA, J.(Oral) By filing the present civil writ petition under Articles 226/227 of the Constitution of India, petitioner seeks directions for being treated as a regular employee in the Management Information System (MIS), wherein he has been shown as contractual employee.

Counsel for the petitioner submits that petitioner was initially appointed as 'Classical and Vernacular Teacher in Sanskrit Language' on 09.02.1994. He was regularised vide letter dated 02.01.2004 (Annexure P1) w.e.f. 01.10.2003 and is working as regular Sanskrit Teacher. He was transferred in the year 2017 under the Teachers Transfer Policy to Govt. Girls Senior Secondary School, Sewah, Panipat. However, in his online profile (Annexure P-2), his status has been shown as officiating. Counsel submits that even the Principal of the said institute and respondent No.2 SACHIN MEHTA 2021.08.14 13:11 I attest to the accuracy and integrity of this document

117 CWP-15498-2021 -2have written to the respondent No.1 on 18.03.2021 (Annexure P-3) and 05.04.2021 (Annexure P-4) regarding the said fact but no action has been taken. He further submits that representation dated 01.07.2021 (Annexure P-5) has also been made. Counsel submits that on account of the discrepancy, as such, his appointment has been shown as a fresh appointment and therefore, he will be liable to be transferred under the online Teachers Transfer Drive, which is at present under way. Notice of motion.

Mr. Gaurav Jindal, Addl. A.G. Haryana accepts notice on behalf of respondents.

Keeping in view the above, directions are issued to respondent No.1 to look into the issue and correct the discrepancy in view of the recommendations both by the Principal and respondent No.2. Needful be done within next one week and updation accordingly be made in the M.I.S.

It is, however, made clear that in case the petitioner is not entitled or there is any legal impediment, a reasoned order be passed and communicated to the petitioner.

Writ petition is disposed of accordingly.

( G. S. SANDHAWALIA ) August 13, 2021 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2021.08.14 13:11 I attest to the accuracy and integrity of this document