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High Court of Punjab and HaryanaCWP/26432/2021dismissed

Preeti And Others v. State Of Haryana And Others

2021-12-22Mrs. Justice Lisa Gill2 pages

CWP No. 26432 of 2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 26432 of 2021 (O&M) Date of Decision:22.12.2021 Preeti and others ......Petitioners

Versus

State of Haryana and others ...... Respondents CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Vikram Sheoran, Advocate for the petitioners.

***** LISA GILL, J(Oral).

Prayer in this writ petition reads as under:- "(i) for issuance of a writ in the nature of certiorari to quash the impugned orders dated 17.12.202, Annexure P-4 whereby services of the petitioners have been disengaged by respondent no.3 from the post of Extension Lecturer Chemistry by giving joining to another Assistant Professor/respondent no.4; on transfer basis, even without giving any opportunity of hearing to petitioner, being totally wrong, illegal and malafide.

(ii) Further prayer for issuance of a writ in the nature of mandamus to direct the official respondents to reinstate the petitioner on the said post with immediate effect and permit her to rejoin her duties, allow to work continue till the function of the post is subsist or till the joining of newly recruited person or adjust/rejoin her against the unmet/vacant workload/post in other nearby Govt. College(s) if unmet/vacant workload is not available in the college of respondent no.1 in the interest of justice. (iii) any other Writ, order or direction which this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the present case may kindly be issued in the interest of justice.

(iv) exempt the petitioner from issuing prior notice to the

CWP No. 26432 of 2021 (O&M) respondents.

(v) Filing of certified as well as true typed copy of Annexures be dispensed with and exempt the petitioner from filing the true typed/Photostat copies of some annexures; and (vi) Writ petition be allowed with costs."

Learned counsel for the petitioners is unable to deny that the present writ petition has been filed by as many as eight (08) petitioners who are still working on the post of extension lecturer (Chemistry) and none of them have been disengaged from service. Order dated 17.12.2021, Annexure P-4, does not talk of disengagement of any of the petitioners, but is in-fact an order of transfer of respondent no.4.

At this stage, learned counsel for the petitioners submits that there is an apprehension that one of the petitioners may be disengaged with the transfer of respondent no.4, therefore this writ petition has been filed. Apart from the facf that there are no such pleadings as above, present writ petition is clearly premature and is dismissed as such. [LISA GILL] 22.12.2021 Judge s.khan Whether speaking/reasoned :

Yes/No.

Whether reportable :

Yes/No.