Suresh Raheja v. State Of Haryana And ORS

LPA-1857-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1857-2016 (O&M) Date of Decision: September 23, 2016 Suresh Raheja .....Appellant

Versus

The State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.Dilbagh Singh, Advocate for the appellant.

........

SURYA KANT, J.

The appellant was appointed as a Guest Faculty (Hindi Teacher) on 21.07.2007 in the Education Department, Haryana. She continued to serve till January 2015 without intervals, but thereafter she was not engaged. She did not approach the Court like her counter-parts, hundreds of whom rushed to the Court and by virtue of various Court orders, including the latest stay order dated 11.07.2016 granted by the Hon'ble Supreme Court, they are continuing in service. It is alleged that out of 193 Guest Faculties, the appellant is the only one who was not allowed to join. She approached this Court but her writ petition has been dismissed by learned Single Judge primarily on the ground of delay and laches.

We have heard learned counsel for the appellant. It is true that the appellant woke up at a belated stage and her writ petition has rightly been dismissed on the ground of delay and laches. However, such delay does not preclude the Authorities from re-engaging the appellant as she would be entitled Meenu 2016.10.20 09:38 I attest to the accuracy and authenticity of this document chandigarh

LPA-1857-2016 (O&M) -2to salary only from the date of her fresh engagement and as such it would not cause any additional financial burden on the State, provided that services of the appellant as Guest Faculty (Hindi Teacher) are needed in the interest of the student community. Such a claim has been raised by the appellant by way of a representation dated 30.07.2016 (Annexure P14). We thus, without expressing any views on merit, dispose of this appeal with a direction to the Director Secondary Education, Haryana, to ascertain the correct facts and take an appropriate decision on the appellant's claim within a period of four months from the date of receipt of a certified copy of this order.

( SURYA KANT ) JUDGE September 23, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.10.20 09:38 I attest to the accuracy and authenticity of this document chandigarh