Sandokhi And ORS v. State Of Haryana & ORS

CWP No. 25863 of 2016 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 25863 of 2016 (O & M) Date of decision: 04.12.2017 Sandokhi and others ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Arvind Chauhan, Advocate, for the applicant-petitioners.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 17455-CWP of 2017 Application for placing on record Annexures P-10 and P-11 is allowed, subject to all just exceptions.

The same are taken on record.

CWP No. 25863 of 2016 The petitioners seek regularization w.e.f. 01.04.2011 instead of August, 2014 on account of the fact that juniors to the petitioners have been given the same benefit with effect from the said date. It is their case that legal notice dated 10.08.2017 (Annexure P-4) has already been served upon the respondents and they are yet to take a decision on the same. It is the case of the petitioners that they were appointed as part time employees through employment exchanges and their details have been mentioned in para no. 2 that they have been appointed from 1997 to 20.05.2000 and have been regularized on 20.08.2014 (Annexure P-2). It is their case that other persons who had been appointed later had been regularized prior to the petitioners. Counsel has made reference to Shivani Gupta 2017.12.05 12:46 I attest to the accuracy and integrity of this document

CWP No. 25863 of 2016 (O & M) Annexure P-10, the information supplied by the Block Development Officer, Tosham, Bhiwani to demonstrate that one Surender Singh was appointed on 08.08.2000 and was regularized on 07.11.2003. Counsel accordingly submits that he would be satisfied if legal notice dated 10.08.2017 (Annexure P-4) is decided within a fixed time frame. Notice of motion.

Mr. Harish Rathee, Sr. DAG, Haryana accepts notice. Copy of the writ petition has been supplied to him.

Keeping in view the above, this Court is of the opinion that no useful purpose would be served to ask the respondents to file reply as the decision making process is still pending.

Accordingly, without commenting on the merits of the case or the entitlement of the petitioners for the abovesaid relief and keeping in view the fact that the matter is still pending consideration, the present writ petition is disposed of with a direction to the competent authority to take a decision on the legal notice dated 10.08.2017 (Annexure P-4) within a period of 3 months from the date of receipt of certified copy of the order. In case any adverse order is to be passed, a reasoned order be passed and conveyed to the petitioners.

04.12.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.12.05 12:46 I attest to the accuracy and integrity of this document