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High Court of Punjab and HaryanaCWP/38217/2018disposed of

Reena Devi v. State Of Haryana And Others

2019-01-172 pages

C.W.P 38217 of 2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.W.P 38217 of 2018 Date of decision : 17.01.2019 Reena Devi ......Petitioner versus State of Haryana and others

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Jasbir Mor, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Petitioner was working as Tracer under the outsourcing policy for which sanction was granted for a period of three months, vide order dated 05.08.2015.The period of service of the petitioner was extended from time to time. However, the petitioner has now been relieved from the post of Tracer vide order dated 09.05.2018 (Annexure P-17) though no regular candidates had joined the services at the place of the petitioner. Hence the present writ petition.

A bare perusal of impugned order dated 09.05.2018 shows that the petitioner has been relieved from service in the light of letter dated 08.05.2018 wherein Engineer in Chief Irrigation and Water Resources Department,Haryana Panchkula had written a letter to All Superintendent Engineer, Irrigation and Water Resources Department,Haryana that the list of 130 newly selected tracer candidates have been received in this office and matter is under process for issuing them appointment letter. In view of the above factual position, the case of the petitioner is liable to be dismissed, as the petitioner was working under outsourcing policy and when the new candidates are going to join, he has to be relieved from service. Learned counsel now submits that the petitioner is working after 09.05.2018 and has not been released salary. Reference has been made to entry in the passbook (P-20) wherein the petitioner was shown to have received the salary@ Gaurav Arora 2019.01.23 10:56 I attest to the accuracy and integrity of this document Chandigarh

C.W.P 38217 of 2018 Rs.14191/- for the month of April, 2018 to June, 2018 which was later on decreased to Rs. 9892/- for the month of June, 2018. In this regard, petitioner has given representation dated 04.12.2018 (P-21) but no action has been taken. Without expressing any opinion on the merits of the case and keeping in view the fact, this petition is being disposed of by giving a direction to respondent No. 3 to pass appropriate order on the representation dated 04.12.2018 (P-21) in accordance with law, expeditiously.

January 17, 2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.01.23 10:56 I attest to the accuracy and integrity of this document Chandigarh