Sandeep Kumar And Ors vs State Of Haryana And Another
2022 Latest Caselaw 5904 P&H

CWP-14553-2021 and other connected matters                                 -1-
232+253
             IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

(1).                                      CWP No. 14553 of 2021 (O&M)
                                          Date of Decision: 02.06.2022


Sandeep Kumar and others
                                                         ...... Petitioner(s)
             Versus
State of Haryana and another
                                                        ..... Respondent(s)

(2). CWP No. 9063 of 2021 (O&M)

Satish Kumar and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(3). CWP No. 9423 of 2021 (O&M)

Pinki Rani and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(4). CWP No. 10479 of 2021 (O&M)

Shishupal and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(5). CWP No. 9421 of 2021 (O&M)

Anju ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

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(6). CWP No.10494 of 2021 (O&M)

Sudhir Kumar and another ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(7). CWP No. 10548 of 2021 (O&M)

Neelam ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(8). CWP No. 10673 of 2021 (O&M)

Manju Devi ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(9). CWP No. 11102 of 2021 (O&M)

Mehar Chand and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(10). CWP No. 11800 of 2021 (O&M)

Suresh Kumar Nagel ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

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(11). CWP No. 9701 of 2021 (O&M)

Subhash ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(12). CWP No.9192 of 2021 (O&M)

Virender Singh and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(13). CWP No. 9197 of 2021 (O&M)

Manoj Kumar and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(14). CWP No. 11362 of 2021 (O&M)

Ranbir Singh and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s) (15). CWP No. 10300 of 2021 (O&M)

Vikram Singh and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(16). CWP No. 15830 of 2021 (O&M)

Sanjeev Gaba and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

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(17). CWP No.16063 of 2021 (O&M)

Parmender ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(18). CWP No.9605 of 2021 (O&M)

Pardeep Kumar and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(19). CWP No.9912 of 2021 (O&M)

Gurdev Lal ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(20). CWP No.9606 of 2021 (O&M)

Usha and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(21). CWP No. 9550 of 2021 (O&M)

Shyam Lal and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(22). CWP No.10280 of 2021 (O&M)

Rajesh Kumar and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

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(23). CWP No.10223 of 2021 (O&M)

Jagdeep and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(24). CWP No.10371 of 2021 (O&M)

Bhupender Singh and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(25). CWP No.10391 of 2021 (O&M)

Samsher and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(26). CWP No.10294 of 2021 (O&M)

Anil Kumar and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(27). CWP No.10191 of 2021 (O&M)

Jogender Singh and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(28). CWP No.12718 of 2021 (O&M)

Ajmer Singh and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

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(29). CWP No. 15473 of 2021 (O&M)

Surender Singh and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(30). CWP No. 9548 of 2021 (O&M)

Ramakant and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(31). CWP No.9553 of 2021 (O&M)

Rishi Raj and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(32). CWP No.16255 of 2021 (O&M)

Krishan Kundu and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(33). CWP No.19254 of 2021 (O&M)

Jagdish Parshad and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(34). CWP No. 19370 of 2021 (O&M)

Ram Karan and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(35). CWP No.9633 of 2021 (O&M)

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Prem Parkash and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(36). CWP No.11090 of 2021 (O&M)

Vikram Singh and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(37). CWP No. 11447 of 2021 (O&M)

Mahaveer Singh ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(38). CWP No.13405 of 2020 (O&M)

Zile Singh and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(39). CWP No. 20409 of 2021 (O&M)

Pardeep Singh and others ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(40). CWP No.22403 of 2021 (O&M)

Mohini ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(41). CWP No.23184 of 2021 (O&M)

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Sonia Saluja ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(42). CWP No.23217 of 2021 (O&M)

Shallu Mehta ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(43). CWP No.10771 of 2021 (O&M)

Shiv Kumar and others ...... Petitioner(s) Versus State of Haryana and another ..... Respondent(s)

(44). CWP No. 17787 of 2021 (O&M)

Dinesh Kumar ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

(45). CWP No.7042 of 2020 (O&M)

Amrita Anand ...... Petitioner(s) Versus State of Haryana and others ..... Respondent(s)

CORAM:- HON'BLE MRS. JUSTICE LISA GILL

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Present: Mr. Gurminder Singh, Senior Advocate with Ms. Harpriya Khaneka, Advocate for the petitioners in CWP Nos. 16255 and 14553 of 2021.

Mr. Gaurav Chopra, Senior Advocate with Ms. Meghna Nagpal, Advocate and Mr. Jasjit Singh Saini, Advocate for the petitioner(s) in CWP No.20409 of 2021.

Mr. Anurag Sharma, Advocate and Mr. Vikram Sheoran, Advocate for the petitioner(s) CWP Nos.9063, 10479, 10494, 11102, 11800, 9192, 9197, 10300, 11362, 15830, 17787, 19254, 9633, 11090, 11447, 19370, 9550, 10391, 9548, 23184 & 23217 of 2021.

Mr. Anurag Goyal, Advocate for the petitioner(s) in CWP Nos.9605, 10223, 10191, 10280 and 10371 of 2021.

Mr. Ketan Antil, Advocate for the petitioner(s) in CWP No.10673 of 2021.

Mr. Bikram Chaudhary, Advocate for the petitioner(s) in CWP No.9421 of 2021.

Mr. Suvir Sidhu, Advocate for the petitioner(s) in CWP No.9606 of 2021.

Mr. Govind Tanwar, Advocate for Mr. Kanwal Goyal, Advocate for the petitioner(s) in CWP No.9423 of 2021.

Mr. V.P. Sangwan, Advocate for the petitioner(s) in CWP No.9605 of 2021.

Mr. Jasbir Mor, Advocate for the petitioner(s) in CWP No.7042 of 2020.

Mr. Tejpal Singh Dhull, Advocate for the petitioner(s) in CWP No.22403 of 2021.

Ms. Shruti Jain Goyal, DAG, Haryana.

*****

LISA GILL, J.

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Prayer in these writ petitions is for directing the respondent-

State to undertake allocation of districts to regularly appointed JBT's of

various batches from 2004 onwards on the basis of vacancy positions in

accordance with directions of judgment dated 14.08.2020 in CWP No.22361

of 2019, titled Sapna Devi and Others Vs. State of Haryana and Others

(Annexure P-16), by giving precedence to the earlier Selectees over the

subsequent Selectees for preferential allocations of districts.

Short reply by way of affidavit dated 16.03.2022 of Nishu

Singal, Addl. Director Administration, Directorate of Elementary Education

Haryana, Panchkula has been filed in CWP-14553-2021.

Learned counsel for the parties across the board are ad idem

that all the aforementioned writ petitions can be disposed of in terms of said

affidavit dated 16.03.2022 and particularly in terms of para 10 to 13 thereof,

which are reproduced as under:-

"10. That after discussion with the Ld. Advocate General, the State Govt. has come to the conclusion that new transfer drive be started in respect of teachers appointed before 2011 by giving them, the clear cut vacancies, deemed/resultant vacancies and vacancies occupied by the Guest teachers/Ad-

hoc teachers. It is pertinent to mention here that the posts occupied by the teachers appointed in 2017 and onwards in the districts beyond advertised posts at present will also be given to the teachers appointed before 2011 to avoid complications. In this respect, fresh options of 21 districts including new district Charkhi Dadri will be sought from the teachers appointed before 2011. This inter district transfer will be made in groups of teachers appointed in 2004, 2008 and 2011 under 'Cadre Change Policy' dated 06.09.2018 as per scores given in this policy and as per their options. Copy of 'Cadre Change Policy'

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06.09.2018 attached as Annexure-R1. The petitioners in the present petition have also prayed for the same relief.

11. That then the process to allocate the districts to the teachers appointed in 2017 and onwards will be started. The total 8763 would be given to the teachers appointed in 2017 and onwards, which were advertised districts wise under advt. No. 02/2012 for Rest of Haryana Cadre for them for the allocations of the Districts. For example 400 vacancies are advertised for Ambala, only 400 teachers will be allocated the Ambala District as per their merits, whether 600 teachers have given their options for district Ambala and vacancies are available. Further 445 vacancies advertised for Karnal and at present 200 regular teachers are working there and 145 clear cut vacancies are available but vacancies need 445, then 100 vacancies occupied by Guest/Ad-hoc in Karnal will be taken by treating them as vacant posts.

12. That it is worthwhile to mention here that in case of the teachers appointed before year 2011, there will be transfer under cadre Change Policy 2018, which will be as per the scores basis mentioned in the Cadre Change Policy 2018 and in the case of teachers appointed in 2017 and onwards there will be allocations of the districts as per their merits.

13. That then the process to allocate the districts to the teachers appointed in 2017 and onwards will be started only giving vacancies district wise as advertised in 2012 against Advt. No.02/2012 for Rest of Haryana cadre all the teachers appointed on 2017 and onwards will be asked to participate in the districts allocation process online to avoid complications and to end the dispute of junior and senior as the teachers appointed on 2017 and onwards had filed hundreds petitions for allocation the districts as per merits. In those writ petitions in compliance of the directions passed by the Hon'ble High Court, hundreds speaking orders were passed by mentioning that the allocation would be done as per merit. It is also decided

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that options of 6 districts may be sought for allocation the districts.

Keeping in view the above explained facts in the present short reply, it is requested that the present Writ Petitions may kindly be disposed of to avoid the complications and further litigations as the claim of the petitioners appointed before the 2011 and teachers appointed in 2017 and onwards has been accepted."

Learned counsel for the State reiterates that action shall be

taken strictly in terms of affidavit dated 16.03.2022 and every effort shall be

made to complete the entire exercise within a period of about ten weeks.

Keeping in view the facts and circumstances as above, all these

writ petitions are disposed of in terms of the stand of the respondents as

reflected in affidavit dated 16.03.2022. Let action be taken while adhering

to the terms and conditions of the process as delineated in this affidavit.

A photocopy of this order be placed on the files of above

mentioned connected cases.

(Lisa Gill) Judge 02.06.2022 Sunil

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

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