Nishi Gupta And Another vs State Of Haryana And Others
2022 Latest Caselaw 6155 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANAAT
                          CHANDIGARH

                                             Civil Writ Petition No.1685 of 2019
                                                Date of Decision: July 05 , 2022.


Nishi Gupta and another                              ...... PETITIONER (s)
             Versus
State of Haryana and others                          ...... RESPONDENT (s)


CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:     None for the petitioners.

             Mr. R.S.Budhwar, Addl.AG, Haryana.
                                 *****
             1. Whether reporters of local papers may be allowed to see
                the judgment?
             2. To be referred to the reporters or not?
             3. Whether the judgment should be reported in the digest?
                                 *****

LISA GILL, J.

Prayer in this writ petition is for directing the respondents to count

the services of the petitioners as continuous service for all purposes including

payment of arrears of pay.

It is pleaded that the petitioners were offered appointment vide

order dated 17.12.2004 pursuant to which they joined at their respective place

of posting on 21.12.2004. It is submitted that petitioners were however relieved

suddenly in December, 2004 itself and not permitted to continue at their post(s),

as Model Code of Conduct was stated to have come into force on account of

Assembly elections in the State of Haryana. Various writ petitions as described

in para 6 of this writ petition were filed by the affected persons, which were

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CWP No.1685 of 2019 [2]

disposed of on 20.05.2005 by a Division Bench of this Court on a statement

made by learned counsel for the State that relief claimed by the petitioners

therein stood granted. Liberty was, however, afforded to the petitioners to make

representations for claiming any consequential relief such as appointment from

the date when persons lower in merit than the petitioners were appointed.

Respondents were directed to take decision on such representations by passing

speaking orders. Subsequently, in CWP No.14147 of 2007 which was disposed

of on 19.08.2008 by a Division Bench of this Court, direction was issued to

release salary of the petitioner therein from December, 2004 to July, 2005.

Reference has been made in the writ petition to various orders passed by the

coordinate Bench noting the stand taken by the respondents that the District

Elementary Education Officers in the State of Haryana have been instructed to

grant seniority, pension, leave encashment, ACP scales, regular pay scales and

annual increments to all the JBT Teachers appointed with the Zila

Parishad/Municipalities and to make payment of arrears of salary from

December, 2004 to July, 2005.

While issuing notice of motion on 22.01.2019 in the present writ

petition, it was directed that it should be explained as to why benefit given to

similarly situated persons is not generalized to all the employees to avoid

unnecessary litigation before this Court.

Learned counsel for the State while referring to Short Reply dated

23.06.2021, filed on behalf of respondents No.1 to 4, submits that this writ

petition is rendered infructuous as order dated 30.12.2011 has been passed by

the Financial Commissioner & Principal Secretary to Government of Haryana,

2 of 3

CWP No.1685 of 2019 [3]

School Education Department, wherein sanction has been accorded for counting

the services rendered by JBT Teachers appointed with Zila

Parishads/Municipalities towards seniority, pension, leave encashment, ACP

Scale and regular pay scale w.e.f. the date they had joined service with Zila

Parishads, thus benefit has been generalized for all concerned employes.

Relief as claimed in the present writ petition has been afforded to

the present petitioners. Benefit of arrears of pay has been released by the

concerned DDO on 12.07.2020 and 05.06.2020. There is no representation on

behalf of the petitioners, however, in the given circumstances I do not find any

justification to keep this matter pending any longer.

Writ petition is, accordingly, disposed of as infructuous. In case of

any subsisting grievance or any incorrect fact being brought forth before this

Court, petitioners are at liberty to move an appropriate application within four

weeks from today.

                                                          ( LISA GILL )
July 05 , 2022.                                               JUDGE
'om'

                    Whether speaking/reasoned:        Yes/No
                    Whether reportable:               Yes/No




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