High Court of Punjab and HaryanaCWP/7183/2017allowed

Sher Singh v. Union Of India And ORS

2025-02-25Mr. Justice Vinod S. Bhardwaj9 pages

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!$ "Learned counsel for the petitioner also prays for time to file an application to demonstrate that one person has been appointed on the post of Chowkidar.

Learned counsel for the respondents, on the other hand, states that since there is no requirement of engaging a Chowkidar, the advertisement was cancelled. He, however, prays for time to obtain instructions as to whether the authorities would or not fill the said post which is lying vacant.

Adjourned to 25.02.2025.

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! notwithstanding the predominant claim of the petitioner to continue discharging the duties assigned to the post of Chowkidar.

Learned counsel for the respondents, however, contends that since engagement has already been done and Mr. Sobha Ram was already engaged with ECHS Polyclinic, Ambala in the year 2004, hence, the principles of industrial law would become applicable and as per the principle of 'last come first go', the petitioner cannot have any preferential claim as against the right of Sobha Ram for re-engagement. Learned counsel for the respondents contends that the instructions received by him from the OIC (Legal) are to the following effect:

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> ( ( ( ( ( ! ( ( ( $ ( 7877!(! ( $ (C ! !C4( ! $$ ! $ $ ( in light of the judgment passed by this Court in the matter of Renu Bala (supra).

I have heard the learned counsel for the respective parties and have gone through the documents and other material available on record with their able assistance.

From a careful perusal of the material available on record as also the specific instructions received by learned counsel for the respondents pursuant to the directions issued by this Court in its earlier orders, it is apparent that not only the petitioner was earlier engaged on the post of Chowkidar at ECHS Polyclinic, Chandigarh but also that the respondents are currently taking the work of Chowkidar from another person namely Sobha Ram by paying him from a different Head rather than ensuring meticulous compliance to the rule of law and making the payment to the employees engaged against a particular vacancy from the specific Head that has been assigned. It is also evident from the perusal of the above that the act and conduct of the respondents in continuously engaging somebody to discharge the functions of a Chowkidar clearly shows that there is a

/ necessity for engagement of a Chowkidar; but, as per the instructions received by the learned Counsel for the respondent, they could not fill up the vacancy of Chowkidar due to the stay order passed by this Court on 29.11.2019. Hence, not only the necessity subsists but also the intent of the respondents not to keep the post vacant and to fill it up only after final adjudication of the present writ petition is manifest.

I also find that the counsel for the respondents has not been able to distinguish the case and is also not in a position to discard the entitlement of the petitioner that accrues in his favour in light of the directions issued by this Court in the matter of Renu Bala (supra). The present writ petition is, accordingly, allowed in terms thereof.

The respondents are accordingly directed to re-engage the petitioner on the post of Chokidar within a period of two months of the receipt of certified copy of this order. The petitioner shall, however, not be given salary for the period during which he remained disengaged, but as a token compensation, the respondents are directed to pay a sum of Rs.50,000/- to the petitioner within a period of two months of his re-engagement.

Petition stands allowed accordingly.

All other misc. application(s), if any, also stand(s) disposed of accordingly.

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