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High Court of Punjab and HaryanaCWP/37777/2025disposed of

Davender And Others v. State Of Haryana And Others

2025-12-23Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-37777-2025 (O&M) Date of decision: 23.12.2025 Davender and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. G.S. Gopera, Advocate with Mr. Amritpal Singh Sodhi, Advocate for the petitioners.

Mr. Vikrant Pamboo, Addl. A.G., Haryana for respondent No.1.

Mr. Sukhdeep S. Parmar, Advocate for respondents No.2 to 4.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to grant protection of security of service under the Haryana Contractual Employees (Security of Service) Act, 2024 and the rules framed thereunder i.e. Haryana Contractual Employees (Security of Service) Rules, 2025, notified on 09.04.2025 and 05.08.2025 vide Notifications (Annexures P-3 and P-4), respectively. Further a writ in the nature of Prohibition has been sought

for restraining the respondents from terminating and/or relieving the petitioners from their sevice without following the due process of law. 2.

Learned counsel for the petitioners submits that he would be satisfied if the instant writ petition of the petitioners is treated as a comprehensive representation and the same be decided by respondent No.3 by passing a speaking order in a time bound manner in the light of the orders dated 18.08.2025 and dated 11.11.2025 (Annexures P-7 and P-8, respectively) wherein the identically circumstanced co-employees have been granted the protection of Haryana Contractual Employees (Security of Service) Act, 2024.

3.

Learned State counsel as well as learned counsel for respondents No.2 to 4, appearing on advance notice, submits that they have no objection, in case a direction is issued to respondent No.3 for time-bound consideration and decision thereof by passing a speaking order.

4.

Therefore, in view of the limited prayer made by learned counsel for the petitioners, the respondent No.3 is directed to treat this writ petition as a comprehensive representation and consider the case of the petitioners and pass a speaking order in the terms of the orders dated 18.08.2025 and dated 11.11.2025 (Annexures P-7 and P-8, respectively), after affording an opportunity of hearing to the petitioners, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioners. Needless to say, if the petitioners are found

entitled to the relief sought, the same shall be granted forthwith by respondent No.3.

5.

Disposed of, accordingly.

(HARPREET SINGH BRAR) JUDGE 23.12.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No