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High Court of Punjab and HaryanaCWP/14542/2024disposed of

Phool Singh @ Virbhan And Others v. State Of Haryana And Others

2024-07-18Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 109 Civil Writ Petition No.14542 of 2024 Date of Decision: July 18, 2024 Phool Singh @ Virbhan & others ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA PRESENT: - Mr. Mohammad Arshad, Advocate, for the petitioners. Mr. R.S. Budhwar, Additional Advocate General, Haryana.

Tribhuvan Dahiya, J (Oral) The petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 15.03.2024, Annexure P-12, whererby the petitioners' claim for grant of arrears w.e.f. 01.04.2011, the date they were regularized in service has been rejected.

2.

Learned counsel for the petitioners contends that the impugned order has been passed on the ground that the petitioners' regularization w.e.f. 01.04.2011 was on account of an inadvertent mistake. Resultantly, the order of regularisation was rectified/withdrawn later, vide order dated 11.02.2020, by the then District Education Officer, Nuh, whereby the petitioners were regularized from different dates between 03.11.2017 to 30.07.2019; as mentioned in the impugned order. The said order rectifying the order of regularization was passed without affording any opportunity of hearing to the petitioners. It is therefore illegal, being in violation of the Principles of Natural Justice.

AVIN KUMAR 2024.07.22 14:07 I attest to the accuracy and integrity of this judgment/order.

CWP No.14542 of 2024 [2] 3.

Learned State counsel is not in a position to dispute the facts, and contends that the order, dated 11.02.2020, will be withdrawn and a fresh order will be passed in accordance with law after affording due opportunity of hearing to the petitioners, within four months. 4.

Disposed of in terms of the statement made by learned State counsel.

(Tribhuvan Dahiya) Judge July 18, 2024 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2024.07.22 14:07 I attest to the accuracy and integrity of this judgment/order.