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High Court of Punjab and HaryanaCWP/20558/2015disposed of

Rina Rani And ORS v. State Of Haryana And ORS

2016-02-17Mr. Justice Avneesh Jhingan24 pages

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IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH (1) Civil Writ Petition No.20558 of 2015 Rina Rani and others (2) Civil Writ Petition No.20599 of 2015 Amit Kumar and another (3) Civil Writ Petition No.20659 of 2015 Seema Devi (4) Civil Writ Petition No.20983 of 2015 Vinay Gupta

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(5) Civil Writ Petition No.21851 of 2015 Dr.Navdeep Dangi and others (6) Civil Writ Petition No.21951 of 2015 Mamta Chaudhary (7) Civil Writ Petition No.21960 of 2015 Jai Ram Bhawal (8) Civil Writ Petition No.22327 of 2015 Rohtash Kumar

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(9) Civil Writ Petition No.22340 of 2015 Rosi and others (10) Civil Writ Petition No.22445 of 2015 Aprajita Singla Union of India and others (11) Civil Writ Petition No.22454 of 2015 Poonam (12) Civil Writ Petition No.22583 of 2015 Pardeep Kumar (13)

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Civil Writ Petition No.22586 of 2015 Parveen and others (14) Civil Writ Petition No.22593 of 2015 Shikha Kataria (15) Civil Writ Petition No.22607 of 2015 Sujata and others (16) Civil Writ Petition No.22608 of 2015 Aastha Prakash

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(17) Civil Writ Petition No.22719 of 2015 Narender Punia (18) Civil Writ Petition No.22720 of 2015 Monika and another (19) Civil Writ Petition No.22782 of 2015 Subhash and others (20) Civil Writ Petition No.22815 of 2015 Rajinder Kumar and others (21)

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Civil Writ Petition No.22817 of 2015 Ravinder and others (22) Civil Writ Petition No.22819 of 2015 Mandeep and others (23) Civil Writ Petition No.22882 of 2015 Sunita Rani and others (24) Civil Writ Petition No.22982 of 2015 Bakhshish Kaur and others (25)

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Civil Writ Petition No.23012 of 2015 Pushpa Devi and others (26) Civil Writ Petition No.23049 of 2015 Pinky and others (27) Civil Writ Petition No.23103 of 2015 Kiran Devi and others (28) Civil Writ Petition No.23135 of 2015 Sanjeev Kumar and others (29) Civil Writ Petition No.23230 of 2015

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Nisha Rani (30) Civil Writ Petition No.23269 of 2015 Sunder Singh (31) Civil Writ Petition No.23275 of 2015 Mohd. Tarif (32) Civil Writ Petition No.23407 of 2015 Niteeka Marothia and others (33)

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Civil Writ Petition No.23431 of 2015 Sarita Devi and others Union of India and others (34) Civil Writ Petition No.23513 of 2015 Sangeeta (35) Civil Writ Petition No.23662 of 2015 Rajesh Kumar and others (36) Civil Writ Petition No.23870 of 2015 Reetu and others (37) Civil Writ Petition No.23880 of 2015

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Pankaj and others (38) Civil Writ Petition No.24051 of 2015 Jyoti and another (39) Civil Writ Petition No.24118 of 2015 Tasveer Singh and others (40) Civil Writ Petition No.24451 of 2015 Preeti Yadav (41) Civil Writ Petition No.24650 of 2015

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Reema Rani and others (42) Civil Writ Petition No.24794 of 2015 Saroj Bala and others (43) Civil Writ Petition No.24822 of 2015 Varsha and others (44) Civil Writ Petition No.24925 of 2015 Aman Chauhan and others (45) Civil Writ Petition No.24958 of 2015

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Vivek Garg and others (46) Civil Writ Petition No.24963 of 2015 Hari Dutt (47) Civil Writ Petition No.25102 of 2015 Kamiya (48) Civil Writ Petition No.25198 of 2015 Parmila (49) Civil Writ Petition No.25253 of 2015

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Manju .. Petitioner (50) Civil Writ Petition No.25369 of 2015 Jaspal (51) Civil Writ Petition No.25644 of 2015 Varun Dheer (52) Civil Writ Petition No.25676 of 2015 Ravinder Kumar (53) Civil Writ Petition No.25890 of 2015

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Harpriya (54) Civil Writ Petition No.25895 of 2015 Swati Jain (55) Civil Writ Petition No.25897 of 2015 Meenakshi (56) Civil Writ Petition No.25935 of 2015 Jagbir Singh and others (57) Civil Writ Petition No.26155 of 2015

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Sangeeta Rani (58) Civil Writ Petition No.26495 of 2015 Sudesh Rani and others (59) Civil Writ Petition No.26553 of 2015 Bhawana Yadav and another (60) Civil Writ Petition No.26711 of 2015 Amit Kapoor and others (61) Civil Writ Petition No.26724 of 2015 Sunita Devi and others

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(62) Civil Writ Petition No.26901 of 2015 Darshan Kumari (63) Civil Writ Petition No.26902 of 2015 Monika Rathi and others (64) Civil Writ Petition No.26919 of 2015 Pinki Rani (65) Civil Writ Petition No.26974 of 2015 Sumita Kumari and another

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(66) Civil Writ Petition No.27108 of 2015 Jyoti Sharma and others (67) Civil Writ Petition No.27118 of 2015 Anil Kumar and others Union of India and others (68) Civil Writ Petition No.27149 of 2015 Seenat Begam and others (69) Civil Writ Petition No.27190 of 2015 Kiran Bala and others

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(70) Civil Writ Petition No.27331 of 2015 Kanwarjeet Kaur (71) Civil Writ Petition No.187 of 2016 Manjeet Kaur and another (72) Civil Writ Petition No.285 of 2015 Balinder Singh (73) Civil Writ Petition No.306 of 2016 Amit Kumar

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(74) Civil Writ Petition No.1034 of 2016 Raj Kumari (75) Civil Writ Petition No.1161 of 2016 Neetu Dhiman (76) Civil Writ Petition No.2028 of 2016 Shveta Mittal (77) Civil Writ Petition No.2430 of 2016 Yogender

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(78) Civil Writ Petition No.2571 of 2016 Lekh Raj (79) Civil Writ Petition No.2821 of 2016 Jaswinder Kaur and another (80) Civil Writ Petition No.2976 of 2016 Reeta and another (81) Civil Writ Petition No.2997 of 2016 Date of Decision : 17.02.2016 Manisha Devi and others

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CORAM:

HON'BLE MR. JUSTICE DEEPAK SIBAL

Present:

Mr.Jasbir Mor, Advocate, Mr.Jarnail Singh Saneta, Advocate, Mr.Sandeep Goyal, Advocate, Mr.Chander Kant Rana, Advocate, Mr.Namit Khurana, Advocate, Mr.Lalit Rishi, Advocate, Mr.Sanjiv Bansal, Advocate, Mr.Ravinder Hooda, Advocate, Ms.Shalini Atri, Advocate, Mr.Naveen Daryal, Advocate, Mr.Raman Sharma, Advocate, Mr.Anup Singh, Advocate, Mr.Sandeep K. Majithia, Advocate, Mr.Ashwani Kumar Bura, Advocate, Mr.N.K.Sharma and Ms.Suman Sharma, Advocates, Mr.U.K.Agnihotri, Advocate, Mr.Manoj Kumar Pundir, Advocate, Mr.Amit Parashar, Advocate, Mr.Chirag Kundu, Advocate, Mr.Roopak Bansal, Advocate, Ms.Neeru Bansal, Advocate, Mr.Jagbir Malik, Advocate, Mr.Raje Ram Kaushik, Advocate, Mr.Naresh Kumar Joshi, Advocate, Mr.Rajiv Sidhu, Advocate, Mr.R.Kartikeya, Advocate, Mr.Jitender Kaushik, Advocate, Mr.Vikram Singh, Advocate, Mr.Rishi Pal Rana, Advocate, Mr.Ashish Verma, Advocate, Ms.Rajwant Kaur, Advocate, for the petitioners.

Mr.Harish Rathee, Sr. DAG, Haryana.

Ms.Anita Balyan, Advocate, Mr.K.K.Chahal, Advocate, Mr.O.P.Dabla, Advocate,

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Mr.V.K.Kaushal, Advocate, Mr.Arun Gosain, Advocate, Ms.Sheenu Sura, Advocate, Mr.Deepak Malhotra, Advocate, Mr.Amit Arora, Advocate, Mr.Alok Kumar Jain, Sr. Panel Counsel Mr.Praveen Goyal, Sr. Panel Counsel Mr.Pawan Kumar Longia, Sr. Panel Counsel for Union of India.

Mr.Harish Rathee, Sr. DAG, Haryana.

***** 1.

To be referred to the Reporters or not?

2.

Whether the judgment should be reported in the Digest? DEEPAK SIBAL, J. (Oral) Since common issues are raised in all the 86 writ petitions being CWPs No.20558, 20599, 20659, 21851, 21951, 21960, 20983, 22327, 22340, 22445, 22454, 22583, 22586, 22593, 22607, 22608, 22719, 22720, 22782, 22815, 22817, 22819, 22882, 22982, 23012, 23049, 23103, 23135, 23230, 23269, 23275, 23407, 23431, 23513, 23662, 23870, 23880, 24051, 24118, 24451, 24650, 24794, 24822, 24925, 24958, 24963, 25102, 25198, 25253, 25369, 25644, 25676, 25890, 25895, 25897, 25935, 26155, 26495, 26553, 26711, 26724, 26901, 26902, 26919, 26974, 27108, 27118, 27149, 27190, 27331 of 2015 CWPs No.187, 285, 306, 1034, 1161, 2028, 2430, 2571, 2821, 2976 and 2997 of 2016, they are being disposed of through the present common order.

Under the National Health Mission floated by the Government of India, on the proposal sent by the State of Haryana, various schemes for the betterment of health for the residents of the State were approved by the Government of India. The Court is informed that 60% of the finances for such schemes were provided by the Government of India and the remaining

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40% were to be arranged through State resources. The Government of India also provided technical support to the State of Haryana to strengthen the health care system in the State.

The afore referred health schemes under the National Health Mission in the State of Haryana were floated and are operational till 31.3.2016. Under such schemes, all the petitioners had been appointed. However, due to financial constraints, their services were terminated. Laying a challenge to the termination of their services during the pendency of the Scheme, the present petitions have been filed. Learned State counsel on instructions from Mr.S.S.Bishnoi, Director, Finance & Accounts, National Health Mission submits that since the schemes are only till 31.3.2016, all the petitioners, who under the interim orders, are continuing to serve under the aforesaid schemes would be allowed to continue till 31.3.2016, i.e., till the schemes are in existence.

He further submits that all other petitioners who have not been granted stay orders would also be taken back in service and would be paid their salaries from the date they join their services till 31.3.2016. The aforesaid statement made on behalf of the State of Haryana satisfies the learned counsel for the petitioners and on such expression of satisfaction, all the 86 writ petitions being being CWPs No.

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25890, 25895, 25897, 25935, 26155, 26495, 26553, 26711, 26724, 26901, 26902, 26919, 26974, 27108, 27118, 27149, 27190, 27331 of 2015 CWPs No.187, 285, 306, 1034, 1161, 2028, 2430, 2571, 2821, 2976 and 2997 of 2016 have been rendered infructuous.

Ordered accordingly.

(DEEPAK SIBAL) JUDGE February 17, 2016 Paritosh Kumar