Punjab-Haryana High Court
Usha Devi vs State Of Haryana And Ors on 13 December, 2023
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2023:PHHC:159787
CWP-30720 of 2018 2023:PHHC:159787
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(220) CWP-30720 of 2018
Date of Decision : 13.12.2023
Usha Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Aditya Singh, Advocate, for
Mr. S.K. Malik, Advocate, for the petitioner.
Mr. Saurabh Mohunta, Deputy Advocate General, Haryana.
***
Harsimran Singh Sethi, J.(Oral)
1. In the present petition, the grievance of the petitioner is that the
order vide which her services were regularized with retrospective effect, has
been withdrawn, which is causing prejudice to the petitioner.
2. Learned counsel for the petitioner argues that the persons who
were similarly situated as the petitioner or her juniors, have been granted
the benefit of regularization from a date prior to the date as being given to
the petitioner, which benefit was extended to them also but now the said
benefit has been withdrawn by the respondents in a totally arbitrary manner
without giving any opportunity of hearing to the petitioner, hence, the
withdrawal of the benefit of regularization from antedate from the
petitioner, is arbitrary and illegal.
3. Learned State counsel submits that keeping in view the
grievance of the petitioner that no opportunity of hearing has been afforded
to her before passing an adverse order, in case the petitioner files
appropriate representation claiming the benefit of antedated regularization,
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the said claim if raised by the petitioner, will be considered afresh
independently of earlier order passed and said claim will be decided on
merits and appropriate order will be passed within a period of eight weeks
of the receipt of any such claim.
4. Learned counsel for the petitioner submits that keeping in view
the statement of the learned State counsel, the present writ petition may
kindly be disposed of having been not pressed any further with liberty to
each of the petitioner to raise grievance before the authorities concerned so
as to claim the benefit of regularization from antedate by placing before the
Department the due data to support the claim.
5. Ordered accordingly.
6. At this stage, learned counsel for the petitioner submits that
keeping in view the judgment of the Division Bench of this Court in CWP
No.2371 of 2010 titled as Harbans Lal Vs. State of Punjab and others,
decided on 31.08.2010, the petitioner is also entitled to be considered under
the old pension scheme keeping in view the fact that she is working with the
Department prior to 01.01.2006, which issue also needs to be decided by the
respondents.
7. Learned counsel for the respondents submits that all the issues
raised before the authorities concerned by the petitioner in her
representation will be dealt with in accordance with law and appropriate
order will be passed within the time frame as stated here-in-before.
8. The present writ petition is disposed of in terms of the
statement of the parties concerned as noticed here-in-before.
December 13, 2023 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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