Satish Kumar And ANR v. State Of Haryana And ORS
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH 1.
CWP No. 10310 of 2016 Satish Kumar and anr.
....Petitioners ..Respondents 2.
CWP No. 10821 of 2016 Charan Singh ....Petitioner ..Respondents 3.
CWP No. 18717 of 2016 Devi Lal ....Petitioner State of Haryana and ors.
..Respondents 4.
CWP No. 13443 of 2016 Shannti 5.
CWP No. 20501 of 2016 Naresh Kumar 6.
CWP No. 24603 of 2016 Lakhvinder Singh 7.
CWP No. 7438 of 2017 Ami Chand
-28.
CWP No. 22677 of 2016 Sukhbir Chand 9.
CWP No. 22000 of 2018 Onkar Singh 10.
CWP No. 26557 of 2018 Surjit Singh and anr.
11.
CWP No. 14300 of 2019 Nirmala 12.
CWP No. 14397 of 2019 Rishipal and ors.
13.
CWP No. 4123 of 2019 Vinod Kumar
-314.
CWP No. 16657 of 2019 Ram Mehar Singh and ors.
15.
CWP No. 8616 of 2019 Pawan and ors.
16.
CWP No. 15998 of 2019 Raj Kumar and ors.
17.
CWP No. 13079 of 2019 Raghubir Singh and anr.
18.
CWP No. 7296 of 2019 Manoj Bisht and ors.
19.
CWP No. 23264 of 2018 Kawar Pal Date of Decision:10.02.2020
-4CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:
Mr. D.S. Adalakha, Advocate, Mr. Parveen Bhardwaj, Advocate, Mr. Gautam Diwan, Advocate, Mr. J.S. Saneta, Advocate for the petitioners Mr. Abhishek Sethi, Advocate for Gram Panchayat Mr. Chirag Wadhwa, Advocate for respondent No. 7 in CWP No. 24603-2016 Mr. Sumit Gupta, Advocate for respondent No. 6 in CWP No. 22000-2018 Mr. Randhir Singh, Advocate for State of Haryana **** RITU BAHRI , J.
This order shall dispose of the above nineteen petitions as common question of facts are involved in all the petitions wherein petitioners are seeking issuance of directions to the respondents not to replace them with the same set of employees, in the absence of regular employees. However, the facts are being taken from CWP No. 10310-2016. The petitioners are working as part time Water Pump Operator in separate villages for the last more than 05 years. They are working to the satisfaction of the villagers as per statement/certificate (P-8) given by the villagers. After formation of new Gram Panchayat, the petitioners were told that they will be replaced by another set of Pump Operators. While issuing notice of motion in all the petitions, it was ordered that they be not replaced unless their work and conduct is found to be unsatisfactory.
At the very outset, reference has been made to judgment dated
-525.07.2017 passed in CWP No. 12669-2016 titled as Sher Singh vs. State of Haryana and others wherein also petitioners who were working as Part Time Pump Operators were seeking directions that their services be not terminated or replaced by other such daily wager employees on temporary basis. The petitions were disposed of, as learned counsel appearing for Gram Panchayat has brought to the notice of the Court the instructions dated 13.10.2010 and as per these instructions, the Gram Panchayat can only recruit persons even as Pump Operators who have at least a qualification of Secondary School Education, preferably also having passed a certificate from an Industrial Training Institute. Even LPA No. 1728-2017 filed against judgment dated 25.07.2017 has been dismissed on 02.04.2018.
In view of the above factual position, the writ petitions are disposed of with a direction to the respondents to allow the petitioners to continue to work as Water Pump Operators, till the regular selected Water Pump Operators joins, as per the instructions dated 13.10.2010, subject to the condition that their work and conduct is satisfactory. They shall not be replaced by another set of contractual employees. It is further directed that in the above writ petition, where the services of petitioners have already been terminated, they be taken back into service, within a period of one week. Further the Gram Panchayat is at liberty to give notice to the Water Pump Operators against whom number of complaints are pending and pass the order, after giving opportunity of hearing, in accordance with law, if need be.
(RITU BAHRI) JUDGE 10.02.2020 G Arora Whether speaking/reasoned Yes Whether reportable No