Dushyant v. State Of Haryana And Others

CWP No. 25638 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.25638 of 2022 DATE OF DECISION: 11.11.2022 Dushyant

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Rakesh Nagpal, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of Certiorari for quashing order dated 09.09.2022 (Annexure P-4), whereby offer of appointment of the petitioner as Canal Patwari has been withdrawn. Further prayer has been made to allow the petitioner to work, as per earlier offer of appointment w.e.f. 01.07.2022 to 30.06.2023 vide Annexure P-3.

2.

Pleaded case is that the petitioner got himself registered with Haryana Kushal Rozgar Nigam Limited-Respondent No.2, who issued offered him appointment as Canal Patwari at Irrigation and Water Resources Faridabad from 01.07.2022 to 30.06.2023 on contractual basis. His monthly salary was Rs.18,611/- excluding ESI and EPF. Petitioner though joined, was not given salary for the above said period. The said offer has been withdrawn vide Annexure P-4. Hence, the instant petition. SHALINI BHATIA 2022.11.24 18:49 I attest to the accuracy and integrity of this document

CWP No. 25638 of 2022 3.

On advance service, learned State counsel appears and opposes the petition.

4.

I have heard learned counsel for the parties and gone through the case file.

5.

Concededly, the petitioner's services were hired on contract. The contractual employee has only limited rights confined within the four corners of the contract of employment. It is the prerogative of an employer to continue and/or discontinue with the contractual services in accordance with the terms of the contract. I am of the view that on the short ground of being a matter of contract, this Court ought not to exercise its extraordinary writ jurisdiction.

6.

This Court would refrain from interfering in the domain of the employer's discretion to engage employees on contract. 7.

Dismissed with liberty to the petitioner to seek appropriate alternative remedy, as may be advised and available in law. However, for the period the petitioner rendered services, he shall be paid for the same, subject to verification by the department.

NOVEMBER 11, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.11.24 18:49 I attest to the accuracy and integrity of this document