Punam Malik v. U.T. Administration And ORS
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Present application is filed for placing on record additional affidavit of the applicant/petitioner.
For the reasons mentioned in the application, the additional affidavit of applicant/petitioner is taken on record, subject to all just exceptions.
Application is accordingly disposed of.
CM-13935-CWP-2023 in/and CWP-11806-2015:
1.
Petitioner (Punam Malik) has filed the instant petition under Articles 226/227 of the Constitution of India seeking quashing of order bearing Endorsement No.DC/AMB/2015/498 dated 22.05.2015 (Annexure P-23) passed by the Secretary, State Agricultural Marketing Board, U.T., Chandigarh, whereby services of the petitioner were terminated. A further prayer has been made for quashing of order bearing Memo No.IRCS/UT/2015/195 dated 25.05.2015 (Annexure P-25), whereby it has been intimated that petitioner has lost her lien in the parent organization, i.e. Red Cross Society. It has also been prayed that the respondents be directed to permit the joining of petitioner to the post of Senior Assistant in the State Agricultural Marketing Board or in the Red Cross Society, with all the consequential benefits arising therefrom, such as continuity of service, arrears of pay etc.
2.
Vide order dated 29.05.2015, notice was issued in this case and operation of order dated 22.05.2015 (Annexure P-23) was stayed. 3.
A perusal of file reveals that on 13.09.2018, the following order was passed in this case:
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In compliance of the aforesaid order dated 13.09.2018, it is stated that a meeting was held under the Chairmanship of Finance Secretarycum-Secretary Agriculture, Chandigarh Administration on 27.09.2018 and subsequently an order dated 23.10.2018 was passed, the operative part of which reads as under:- "Taking into consideration the prayer of Ms. Poonam Malik made in her CWP No.11806 of 2015 in the Hon'ble Punjab and Haryana High Court, Chandigarh for allowing her to join in the State Agriculture Marketing Board or in the Red Cross Society to the post of Senior Assistant with all consequential benefits flowing therefrom such as continuity of service, arrears of pay etc., it has been unanimously decided in the above meeting that Ms. Punam Malik be allowed to join her duties on the post of Senior Assistant in the Indian Red Cross Society, Chandigarh which is still lying vacant on regular basis. All consequential benefits like continuity in service, seniority arrears etc. will be granted by the Indian Red Cross Society, U.T. Chandigarh.
Now, therefore, I request Ms. Punam Malik to join the duty, in the office of the Indian Red Cross Society, U.T. Chandigarh as Senior Assistant immediately."
5.
It appears that the above extracted order dated 23.10.2018 was brought to the notice of this Court and on 08.03.2019, the following order came to be passed in this case:- * # $ 5
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Now, the respondent-Union Territory, Chandigarh has filed application (CM-13935-CWP-2023) seeking disposal of the main case
(CWP-11806-2015) on the plea that the alternate relief sought in this writ petition has since been granted to petitioner vide order dated 23.10.2018. 7.
On the other hand, learned senior counsel appearing for the petitioner submits that petitioner has more prospects of promotion and financial upgradations in the State Agriculture Marketing Board, Union Territory, Chandigarh than the Indian Red Cross Society, Union Territory, Chandigarh; however, it is not disputed that the parent Department of petitioner is "Indian Red Cross Society, Union Territory, Chandigarh". 8.
At this stage, Mr. Atma Ram, learned senior counsel representing the petitioner submits that petitioner would have no objection in joining the Indian Red Cross Society, Union Territory, Chandigarh. However, it is prayed that the authority concerned may be directed to release all the consequential benefits to petitioner. 9.
I have considered the aforesaid submissions of Mr. Atma Ram, senior counsel representing the petitioner, however, it is observed that in order dated 23.10.2018, it is clearly stated that all consequential benefits like continuity in service, seniority, arrears etc. will be granted to petitioner by the Indian Red Cross Society, Union Territory, Chandigarh. 10.
Keeping in view the aforesaid circumstances as well as the submissions made by learned senior counsel for the petitioner and learned counsel for respondents No.1 to 3, the instant petition is disposed of with a direction that the petitioner be allowed to join Indian Red Cross Society, Union Territory, Chandigarh and all consequential benefits (as may be admissible to her) be released to her by the concerned/competent authority within a period of eight weeks from the date of receipt of the certified copy
of this order. In case, the petitioner feels that any benefit (as may be admissible to her) has not been granted to her then she would be at liberty to approach the concerned authority with such a prayer, which shall be considered by the concerned/competent authority, in accordance with law. 11.
The present writ petition is disposed of in the aforesaid terms. 12.
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