Ankita And Anr vs State Of Haryana And Ors
2022 Latest Caselaw 14279 P&H

CWP-2987-2018
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           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


(107)                                  CM-16036-CWP-2022 ;
                                       CM-16081-CWP-2022 in
                                       CWP-2987-2018
                                       Date of Decision : 14.11.2022

Ankita and another
                                                                  ...Petitioners

                                 Versus

State of Haryana and others

                                                                 ...Respondents


CORAM:       HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


Present:     Mr. Manoj Makkar, Advocate for the petitioners.

             ***

Harsimran Singh Sethi J. (Oral)

On the oral request of learned counsel for the petitioners, the

present petition is taken up for hearing.

CM-16036-CWP-2022

Application is allowed, as prayed for.

CWP-2987-2018

In the present writ petition, the grievance of the petitioners is

that they are working on contractual basis and are entitled for regularization

of their services as per the Policy of the Government of Haryana for

regularizing the contractual employees dated 18.06.2014, a copy of which

has been appended as Annexure P-7.

Learned counsel for the petitioners submits that though the said

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CWP-2987-2018

policy has already been set-aside by the Division of this Court in CWP No.

17206 of 2014 titled as Yogesh Tyagi and others Vs. State of Haryana

and others, but the matter is pending consideration before the Hon'ble

Supreme Court and, therefore, petitioners be granted the benefit as

admissible to the petitioners under the said policy keeping in view the

interim order granted by the Hon'ble Supreme Court of India .

Learned State counsel submits that the judgment of the

Division Bench of this Court in Yogesh Tyagi and others's case (supra),

has not been stayed in the Special Leave Petition filed and only status quo

has been granted for implementation of the said judgment by Hon'ble

Supreme Court of India by which, the employees, whose services were

already regularized, were to be reverted as per the judgment of the Division

Bench in Yogesh Tyagi and others's case (supra), hence, no further benefit

can be given by this Court in favour of the petitioners under the said policy

so as to regularize their services as the same stands quashed by the

Competent Court of Law. Learned State counsel submits that in case, after

the judgment of the Hon'ble Supreme Court of India, any right accrues to

the petitioners, the petitioners should avail the said remedy at the

appropriate given point of time.

Learned counsel for the petitioners submits that keeping in

view the statement of learned State counsel, the present petition seeking

regularization may kindly be treated as having not been pressed any further

with liberty to the petitioners to invoke their right after the decision of the

Hon'ble Supreme Court of India.

Ordered accordingly.

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CWP-2987-2018

CM-16081-CWP-2022

As the main petition has been disposed of as not pressed, the

present application also stands disposed of having been not pressed.

November 14, 2022                     (HARSIMRAN SINGH SETHI)
kanchan                                        JUDGE


            Whether speaking/reasoned : Yes

            Whether reportable                : No




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