Kehar Singh v. State Of Haryana And ORS.

CWP No. 1142-2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 1142-2017 Date of decision : 14.01.2019 Kehar Singh and others ......Petitioners versus State of Haryana and others

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Samridhi, Advocate for Mr. Naveen S. Bhardwaj, Advocate for the petitioners.

Mr. Harish Nain, AAG, Haryana Mr. Lokesh Sinhal, Advocate for respondent Nos. 2 and 3. **** RITU BAHRI , J. (Oral) The present petition has been filed by the petitioners seeking direction to the respondents not to replace them with another set of contractual employees and to allow them to continue till regular appointments are made in the light of law laid down by Hon'ble Apex Court in a case of Hargunpratap Singh vs. State of Punjab, 2017 (3) SCC 292. Further prayer of the petitioners is to release their due financial benefits w.e.f 01.08.2016. This Court vide order dated 23.08.

2017 was not convinced with the prayer of the petitioners to continue them on the post of Patwari simply because there are six vacancies stated to be existent in the respondent-department, if the respondents do not wish to fill up vacancies at all at this stage for lack of work. However, on 20.11.2017 learned State counsel has informed that the petitioners have been paid financial dues on 04.09.2017 by the respondentHUDA. Gaurav Arora 2019.02.

CWP No. 1142-2017 On notice, a reply has been filed by respondent No. 2 and 3 taking a specific stand that all the available 15 posts of Patwaris have been filled in with regular Patwaris.

Petitioners have not filed any replication to the reply filed by respondent Nos. 2 and 3 on 22.08.2017.

Keeping in view the above fact and the fact that the petitioners were working on contract basis, the present petition stands dismissed January 14, 2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.02.14 11:32 I attest to the accuracy and integrity of this document Chandigarh