Pawan Kumar & ORS. v. State Of Haryana & ORS.
C. W. P. No. 15978 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : C. W. P. No. 15978 of 2014 Date of Decision : March 02, 2016 Pawan Kumar and others ....
Petitioners vs.
State of Haryana and others ....
Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.
* * * To be referred to Reporters or not ?
Whether the judgment should be reported in the digest ? * * * Present :
Mr. Raman B. Garg, Advocate for the petitioners.
Mr. Harish Rathee, Senior DAG, Haryana.
* * * DEEPAK SIBAL , J.
:
Through the present petition, the petitioners seek quashing of order dated 07.08.2014 (Annexure P-6), through which order dated 17.07.2014 (Annexure P-3), through which their services had been regularized w.e.f. 01.10.2003, has been cancelled. A few facts, which need to be noticed, are that between the years 1995-1997, all the petitioners were appointed as Beldars on daily wages basis. Through order dated 17.07.2014, their services were ordered MONIKA 2016.03.11 15:10 I attest to the accuracy and authenticity of this document
C. W. P. No. 15978 of 2014 to be regularized w.e.f. 01.10.2003 and in pursuance to such order, after being medically examined, they joined their duties. However, through the impugned order dated 07.08.2014 (Annexure P-6), the afore-referred order dated 17.07.2014 has been cancelled.
It is the admitted case between the parties that before cancellation of the order of regularization of the services of the petitioners, no notice or opportunity of hearing was granted to them. As withdrawal of the orders of regularization passed earlier would certainly entail civil consequences, it was incumbent upon the respondents to follow the principles of natural justice.
In view of the above, the impugned order dated 07.08.2014 (Annexure P-6) is quashed. However, liberty is granted to the respondents to pass a fresh order, but only after complying with the principles of natural justice.
The writ petition stands disposed of accordingly. ( DEEPAK SIBAL ) JUDGE March 02, 2016 monika MONIKA 2016.03.11 15:10 I attest to the accuracy and authenticity of this document