Kulvir Kaur And ORS v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (I) CWP-14988-2020 (O&M) Date of Decision : September 10, 2025 KULVIR KAUR AND ORS -PETITIONERS V/S STATE OF PUNJAB AND ORS -RESPONDENTS (II) CWP-7947-2021 INDU RANI AND ORS -PETITIONERS V/S STATE OF PUNJAB AND ORS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Raghav Gulati, Advocate with Mr. Amandeep Singh, Advocate and Mr. Rahul Kesar, Advocate for the petitioners (in CWP-14988-2020).

Mr. Naveen Batra, Advocate for the petitioners (in CWP-7947-2021) and for the respondents No.4 to 12 (in CWP-14988-2020). Mr. Sahil R. Bakshi, A.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Both these writ petitions are amenable to being decided through a common verdict, therefore, with the consent of learned counsel for the parties, they are taken up together for adjudication. 2.

The challenge in CWP-14988-2020 is to the advertisement dated 26.08.2020, issued by respondent No. 2, inviting applications for filling up the posts of CDC, IEC, and BRC-cum-CF on a contractual basis, on the ground of arbitrariness.

3.

Succinctly stated, the respondent(s)-Department, in terms of the project launched by the Government of India, namely the 'National Rural Drinking Water Programme,' issued separate advertisements for the appointment of Block Coordinators on a contractual basis at different Block Resource Centres. Pursuant to these advertisements, the petitioners joined the respondent(s)-Department as Block Coordinators on a contractual basis at different Block Resource Centres and have been continuously working as such since December 2011. Following the selection of the petitioners, the respondent(s)-Department undertook the 'Punjab Rural Water & Sanitation Improvement Project,' funded by the World Bank, aiming to cover all villages in the State of Punjab with potable piped water supply through individual connections to 100% of households by providing dawn-to-dusk water supply and sanitation services to the residents of rural Punjab. The services of the petitioners continue under this new project as well. 4.

The apprehension, which has propelled the petitioners to institute this writ petition, stems from the issuance of the advertisement dated 26.08.2020, whereby applications have been invited to fill the posts already occupied by the petitioners on a contractual basis. 5.

Learned counsel for the petitioners submits that, since the petitioners are already working on the posts in question on a contractual basis, they cannot be replaced by a new set of employees to be appointed on a contractual basis.

6.

On the other hand, learned State counsel submits that the apprehension of the petitioners is without foundation. Drawing the attention of this Court to the reply dated 22.01.2021, he submits that the State of

Punjab has sanctioned 308 posts of Block Resource Coordinators, of which 92 (including the petitioners) are already appointed. Therefore, only 216 posts of Block Resource Coordinators remain vacant, and the impugned advertisement has been issued to fill these remaining 216 posts only. The details of the vacancies have also been mentioned under paragraph 3 of the reply, which is reproduced hereunder:- Post Cadre strength sanctioned in restructuring of DWSS during 2019 No. of employees presently working Vacant posted against total cadre strength IEC Specialist 50 CDS BRC 7.

By referring to the table extracted hereinabove, learned State counsel submits that the respondent(s)-Department, vide the impugned advertisement, has invited applications for the remaining 216 posts only and is not going to discontinue the services of the petitioners. He further submits that the salary of the petitioners has also been increased as per the revised labour rates. Therefore, the instant writ petition has been filed by the petitioners without any cause of action.

8.

In view of the above, since there is no cause of action for the petitioners to file the instant writ petition (CWP-14988-2020), the same is dismissed. Pending applications stand disposed of accordingly. 9.

Insofar as CWP-7947-2021 is concerned, the grievance therein is that the petitioners in CWP-14988-2020 have been adjusted against 92 posts of Block Resource Coordinators out of 308 sanctioned posts, allegedly in violation of the criteria prescribed in the advertisement dated 26.08.2020.

10.

This Court posed a specific query to learned counsel for the petitioners as to how any cause of action arises to the petitioners, specifically when only 216 posts have been advertised by the respondent(s)- Department and the petitioners had also competed for these posts but remained unsuccessful.

11.

Learned counsel for the petitioners submits that the petitioners have, till date, not challenged the appointments of the petitioners in CWP14988-2020 on the ground that the same are backdoor entry. He seeks leave to withdraw this writ petition, however, with liberty to challenge the appointments of the petitioners in CWP-14988-2020, who have been adjusted against the 92 posts of Block Resource Coordinators. 12.

Consequently, this writ petition (CWP-7947-2021) is dismissed as withdrawn, however, with liberty (supra).

13.

A photocopy of this order be placed on file of connected case. (KULDEEP TIWARI) September 10, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No