Harender And Another v. State Of Haryana And Others

C.W.P 11480 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.W.P 11480 of 2016 Date of decision : 13.11.2018 Harender and anr.

......Petitioners versus State of Haryana and others

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Rajni, Advocate for Ms. Shalini Atri, Advocate for the petitioners.

Mr. Kiran Pal Singh, AAG, Haryana **** RITU BAHRI , J. (Oral) The petitioners by way of present petitions has approached this Court seeking direction to the respondents to pay salary to petitioner No. 1 for the period from 01st April 2015 to February, 2016 and to petitioner No. 2 for the period from August, 2015 to December, 2015.

On notice, a reply has been filed by the respondents stating therein that petitioner No. 1 was a contractual employee and petitioner No. 2 is under employment of the respondents, as Lab Technician UPHC. It has been specifically stated that petitioner No. 1 was engaged initially for six month at DC rates (Annexure R-1) and after 31/03/2015, his tenure was never extended by the respondents but he with malafide intention marked his attendance on Bio Metric System at Civil Hospital after 31/03/2015.A Bio-Metric mail was also sent to respondent No. 2 to delete the name of petitioner No. 1 from the software (Annexure R-2).

Similarly, petitioner No. 2 provided his services to respondents up to July, 2015 but he was again adjusted in the month of May, 2016. Petitioner No. 2 Gaurav Arora 2018.12.01 12:15 I attest to the accuracy and integrity of this document Chandigarh

C.W.P 11480 of 2016 never worked as Lab Technician in any capacity under the respondents w.e.f August, 2015 to April, 2016. He has also submitted the affidavit that he will not claim any salary for the gap period (Annexure R-3). Learned counsel for the petitioner has not filed any replication to the reply filed by the respondents.

In view of the above factual position, the present petition stands dismissed.

November 13, 2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.12.01 12:15 I attest to the accuracy and integrity of this document Chandigarh