Punjab-Haryana High Court
Vijit Gaurav vs State Of Haryana And Others on 7 September, 2022
201-1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: September 07, 2022
1. CWP-8094-2021 (O&M)
Vijit Gaurav
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
2. CWP-9308-2021 (O&M)
Pawan
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
3. CWP-3603-2021 (O&M)
Angrej Singh
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
4. CWP-4603-2021 (O&M)
Jitender
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
5. CWP-5841-2021 (O&M)
Rajesh Kumar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
6. CWP-9868-2021 (O&M)
Sandeep Kaur
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.....Petitioner(s)
versus
State of Haryana and others
......Respondents
7. CWP-17530-2021 (O&M)
Aman Kumar and another
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
8. CWP-16565-2021 (O&M)
Lovedeep Kumar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
9. CWP-24079-2021 (O&M)
Vishal Sihmar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
10. CWP-1167-2022 (O&M)
Ankit
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
11. CWP-8656-2022 (O&M)
M Sabir Hussain
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
12. CWP-9242-2022 (O&M)
Sunil and another
.....Petitioner(s)
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versus
State of Haryana and others
......Respondents
13. CWP-7313-2022 (O&M)
Kashmiri Lal
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
14. CWP-7372-2022 (O&M)
Nirmala Devi
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
15. CWP-91-2021 (O&M)
Sukhpal Singh
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
16. CWP-1331-2021 (O&M)
Anju Rani and another
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
17. CWP-3261-2021 (O&M)
Mukesh Kumar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
18. CWP-5823-2021 (O&M)
Sandeep Kumar
.....Petitioner(s)
versus
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State of Haryana and others
......Respondents
19. CWP-22799-2020 (O&M)
Sunita
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
20. CWP-10906-2021 (O&M)
Naveen Kumar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
21. CWP-1109-2021 (O&M)
Sanjay Kumar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
22. CWP-16589-2021 (O&M)
Bindia alias Bindiya
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
23. CWP-19355-2021 (O&M)
Vikram
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
24. CWP-9704-2021 (O&M)
Gurmukh Singh
.....Petitioner(s)
versus
State of Haryana and others
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......Respondents
25. CWP-3260-2021 (O&M)
Mukesh
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
26. CWP-12393-2021 (O&M)
Amit Kumar
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
27. CWP-12186-2021 (O&M)
Sunil Dhull
.....Petitioner(s)
versus
State of Haryana and others
......Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr. R.K. Malik, Senior Advocate with
Mr. Sandeep Dhull, Advocate for the petitioner(s)
in CWP-3603-2021.
Mr. JasbirMor, Advocate,
Mr. Govind Mor, Advocate for the petitioner(s)
in CWP-8094-2021, CWP-9868-2021,
CWP-24079-2021, CWP-17530-2021, CWP-91-2021,
CWP-1331-2021, CWP-22799-2020, CWP-5823-2021,
CWP-3260-2021, CWP-3261-2021, CWP-12393-2021.
Mr. Bhisham Kumar Majoka, Advocate
for the petitioner(s) in CWP-1109-2021.
Mr. Lakhan Paul Garg, Advocate for
Mr. Jagjit Singh Gill, Advocate
for the petitioner(s) in CWP-16565-2021, CWP-9242-2022,
CWP-7313-2022, CWP-7372-2022, CWP-16589-2021,
CWP-9704-2021.
Mr. Sarthak Gupta, Advocate for the petitioner(s)
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in CWP-9308-2021, CWP-4603-2021, CWP-5841-2021.
Mr. Devender Punia, Advocate for the petitioner(s)
in CWP-19355-2021.
Mr. Sukhdeep Singh, Advocate,
Mr. Parminder Singh, Advocate, for the petitioner(s)
in CWP-1167-2022.
Mr. M.I. Khan, Advocate for
Mr. Mazlish Khan, Advocate for the petitioner(s)
in CWP-8656-2022.
Mr. G.S. Gopera, Advocate for the petitioner(s)
in CWP-10906-2021.
Mr. Gaurav Rana, Advocate for the petitioner(s)
in CWP-12186-2021.
Mr. Pankaj Middha, Additional AG Haryana.
Mr. Namit Khurana, Advocate
for respondent No.9 in CWP-1331-2021.
Ms. PinkiMehla, Advocate for
Mr. Pawan Attri, Advocate
for respondent-Haryana Sports Karate Federation
in CWP-1331-2021.
*****
ARUN MONGA, J. (ORAL)
Vide this common order, bunch of above-mentioned writ
petitions are being disposed of, since not only the facts but the law points and
the issues raised therein are also similar. For brevity, recitals are taken from
CWP-8094-2021.
2. Petition herein, inter alia, is for issuance of a writ in the nature of
Certiorari for quashing the impugned order dated 05.03.2021 (Annexure P-
18) terminating the services of the petitioner from the post of Peon by
respondent No.4-Director General, Employment Department, Haryana for not
submitting the Sports Gradation Certificate upto 31.12.2020 in terms of
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judgment dated 09.10.2020 (Annexure P-10) and Govt. instructions dated
10.11.2020 (Annexure P-11) and relieving him from duties on 05.03.2021
(Annexure P-19), allegedly being illegal, arbitrary, void, discriminatory and
violative of Articles 14 and 17 of the Constitution of India.
3. Petitioners in the above bunch of petitions are before this Court
aggrieved against their respective Departments for terminating/ dispensing
with their services for either non-submission of their Sports Gradation
Certificates and/ or late submission thereof as per cut-off date before which
they were required to furnish their certificates.
4. While issuing notice of motion to the respondents, interim orders
were passed in favour of the petitioners (except in CWP-17530-2021 and
CWP-24079-2021) directing the respondents not to dispense with their
services, given that they had been in service for long enough durations and
had submitted the requisite certificates, but the same were not acceded by the
Department.
5. During pendency of the writ proceedings, it transpires that fresh
clarifications/instructions dated 10.05.2022 (copy of which has been tendered
in course of hearing, which is taken on record and marked as Annexure 'A')
have been issued by the office of Chief Secretary addressed to all the
Administrative Secretaries in the State as well as the Heads of the
Departments/ Managing Directors/ Chief Administrators of all the
Boards/Corporations/ Divisional Commissioners Deputy Commissioners.
Relevant part of said letter is as below:-
"4. In view of above, Government has considered the matter
and it is directed to all departments/ boards/ corporations that
the candidates who submit the Sports Gradation Certificates
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issued before 31.03.2022 may be re-appointed subject to the
following terms & conditions:-
i) Sports Gradation Certificate should have been issued
as per the Sports Policy dated 25.05.2018 and the
games/ achievements/ tournaments should have been
played before the closing date of submission of
application for Group-D post i.e. 18.09.2018.
ii) Sports Gradation Certificate shall be verified from
the Sports & Youth Affairs Department for which
department/ board/ corporation concerned will send
the Gradation Certificate to Sports Department
before re-appointment and also intimate to the
Haryana Staff Selection Commission.
iii) Sports Gradation Certificate issued on the basis of
different games/ tournament can also be considered
in view of Hon'ble High Courts' dated 09.10.2020 in
CWP No.19524 & 22829 of 2019 subject to
verification of Gradation Certificate from the Sports
& Youth Affairs Department and such game/
tournament should have been played before the
closing date of submission of application of Group-D
i.e. 18.09.2018.
5. These instructions may be brought to the notice of all
concerned for strict compliance in letter and in spirit."
6. A perusal of the aforesaid reflects that all the candidates who are
already in service have been across board given opportunity to provide their
Sports Gradation Certificates, as aforesaid.
7. In the premise, nothing survives for adjudication before this
Court since opportunity has been given to all regardless whether or not the
earlier Sports Gradation Certificates were before the cut-off date or not.
8. Writ petitions are disposed of, with the expectation that the
respondents shall proceed with verification of the Sports Gradation
Certificates in accordance with the instructions ibid and pass appropriate
fresh orders in accordance with law. Needless to say petitioners shall be
allowed to continue in service till passing of the fresh orders. Respondents
would do better in their own interest to pass orders as expeditiously as
possible in order to avoid needless litigation.
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9. My attention has been drawn to the fact that in some of the cases
though petitioners have submitted their applications in the Sports Department
for issuance of the Sports Gradation Certificates but for no fault of theirs,
neither Certificates have been issued nor any reasons are being conveyed qua
pendency of their applications. Accordingly, Director General of Sports and
Youth Affairs, Haryana, who is represented by the learned State counsel, may
look into those pending cases and instruct his officials to pass appropriate
orders qua the same so that those of the candidates, who are entitled to the
benefit of the Chief Secretary's instructions ibid, can avail the same.
10. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
September 07, 2022
mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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