Amanjot Kaur vs State Of Haryana And Ors
2022 Latest Caselaw 10411 P&H

  139 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              CREF-1-2020 (O&M)
                                              Date of decision: 05.09.2022

Amanjot Kaur
                                               ....Petitioner

             Versus

State of Haryana and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Ms. Shruti Jain, DAG, Haryana and Mr.J.S.Pannu, AAG, Haryana

Mr. R.K.Malik, Sr. Advocate with Mr. Varun Veer Chauhan, Advocate for respondent no. 4 and 5

ANIL KSHETARPAL, J (Oral)

This reference has been received from the Service Tribunal

with respect to its scope of jurisdiction.

On 29.08.2022, after noticing the contentions of the learned

counsel representing the parties, the following order was passed by this

Court:-

"Sh.R.K.Malik, Senior Advocate, represents the management. He submits that in view of the judgment in Management of S.D. Model Senior Secondary School and another vs. District Judge-cum-Service Tribunal and another, 2014 (2) PLR 89 and Ram Phal Khatkar vs. State of Haryana and others (CWP No.14832 of 2001, decided on 12.05.2017), the dispute questioning the recruitment by private management shall also fall within the scope of jurisdiction of the Service Tribunal constituted under the administrative order passed by the State Government.

Mr. Harsh Vardhan, AAG, Haryana, prays for some time to examine the same before assisting the Court.

Adjourned to 05.09.2022. To be listed in the urgent list.

1 of 2

The office is directed to inform the learned counsel representing the petitioner.

No further request for an adjournment, written or oral, shall be entertained."

Learned counsel representing the parties are ad idem that in

view of the judgment passed by the Division Bench in Management of

S.D. Model Senior Secondary School and another vs. District Judge-

cum-Service Tribunal and another, 2014 (2) PLR 89 and Ram Phal

Khatkar vs. State of Haryana and others (CWP No.14832 of 2001,

decided on 12.05.2017), the scope of jurisdiction of Service Tribunal has

already been well defined. They jointly submit that in view of the

aforesaid facts, let the matter be referred back to the Service Tribunal for

its decision on merits.

Ordered accordingly.

All the pending miscellaneous applications, if any, are also

disposed of.

05.09.2022                                       (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




                                  2 of 2