Satish Kumar And Others v. State Of Haryana And Others

CWP No.17422 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.137 Case No. : CWP No.17422 of 2021 Date of Decision : September 06, 2021 Satish Kumar and others ....

Petitioners vs.

State of Haryana and others ....

Respondents CORAM : HON'BLE MR. JUSTICE H. S. MADAAN * * * Present :

Mr. Sachin Gupta Ladwa, Advocate for the petitioners. Mr. Pankaj Midha, Addl. AG, Haryana.

* * * H. S. MADAAN , J.

(Oral) :

Petitioners - Satish Kumar and 13 others have brought the present writ petition regarding their joining service as per instructions issued by the respondents (Annexure P-1) and termination of their services being against law etc.

According to the petitioners, they were engaged as Sweepers with Municipal Committee, Safidon in July 2017 under a scheme through Man Power Service Providing Agency namely K.L. Enterprises Co. Ltd. Although they performed their duties honestly but they were discharged from service for the reason that the further sanction for continuation of their service had not been received from the Government. The Haryana Government, vide its letter No.14/76/2018-4C-1, has directed all the Commissioners of MCs for taking of Safai Karamcharis of Municipalities on Nigam/Palika Rolls engaged through man power agencies. The Director of Urban Local Bodies has also issued letter dated 11.06.2019 in that MONIKA 2021.09.06 16:53 I attest to the accuracy and integrity of this document

CWP No.17422 of 2021 regard.

The petitioners have got served a legal notice upon the State of Haryana through District Collector, Jind and Municipal Committee, Safidon through its Secretary dated 22.06.2020, for bringing the petitioners on the rolls of Municipal Committee and paying for arrears of salary with interest, but to no effect. As such, they have approached this Court by way of filing the present petition.

After hearing learned counsel for the petitioners and going through the record, I find that since the legal notice got served by the petitioners upon the respondents is yet to be disposed of, in order to afford reasonable opportunity to the respondents to consider the claim of the petitioners and to avoid unnecessary litigation, it would be proper and appropriate to direct respondent No.4 to consider the legal notice got served by the petitioners, as per rules, regulations and instructions/norms on the subject, within two months from the date of receipt of copy of this order. The respondents may look into the desirability of giving personal hearing to the petitioners and a speaking order in that regard is required to be passed, a copy of which be sent to the petitioners.

Disposed of in the above terms.

In case the petitioners still feel aggrieved, they can avail of the remedy available to them, as per law.

September 06, 2021 (H. S. MADAAN) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2021.09.06 16:53 I attest to the accuracy and integrity of this document