Sandeep Kumar And Others v. State Of Haryana And Others

2024:PHHC:012842 CWP-20575-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20575-2023 Date of Decision: 31.01.2024 Sandeep Kumar and others

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Vikas Sangwan, Advocate with Ms. Monika Sangwan, Advocate for the petitioners Mr. Sanjeev Kaushik, Addl. AG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia seeking a writ of mandamus directing the respondents to grant benefits of continuity of service to the petitioners for the service rendered by them in pre-allocated departments before the revised result, and also direct the respondents to count the break period due to procedural delay in their relieving and fresh appointment/re-joining towards all service benefits. 2.

Learned counsel for the petitioner contends that the petitioners were earlier selected as Clerks pursuant to result dated 03.09.2020, and joined the posts as such. The result was, however, revised on 23.06.2022, and they were again selected for the same posts. The Government has issued instructions dated 21.04.2023, Annexure P-6, to the effect that previous PAYAL 2024.02.01 14:32 I attest to the accuracy and authenticity of this order/judgment

2024:PHHC:012842 CWP-20575-2023 -2service of such Clerks who were recommended against advertisement No.05/2019 in both the merit lists, shall be counted for the purpose of seniority and pay protection, irrespective of the fact that they have been allotted same or different department(s). Learned counsel, at this stage, submits that the petitioners will be satisfied in case the respondents are directed to decide petitioners' case in terms the aforesaid instructions by passing a speaking order.

3.

Mr. Sanjeev Kaushik, Additional Advocate General, Haryana, appearing on advance notice, contends that appropriate decision in terms of the instructions, dated 21.04.2023, will be taken to count the petitioners' service rendered prior to the revision of result and provide them continuity in service, within a period of three months.

4.

Disposed of accordingly.

(TRIBHUVAN DAHIYA) JUDGE 31.01.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.02.01 14:32 I attest to the accuracy and authenticity of this order/judgment