Punjab-Haryana High Court
Jatinder Kaur vs State Of Haryana And Ors on 27 July, 2023
Neutral Citation No:=2023:PHHC:096022
CWP-10677-2017 and other connected cases 1
2023:PHHC:096022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(208) CWP-10677-2017
Date of Decision : July 27, 2023
Jatinder Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(208-2) CWP-24531-2019
Usha Rani .. Petitioner
Versus
State of Haryana and others .. Respondents
(208-3) CWP-24666-2019
Jatinder Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Shvetanshu Goel, Advocate, for the petitioner(s)
in CWP No.10677 of 2017, CWP Nos.24531 and
24666 of 2019.
Mr. Saurabh Mohunta, Deputy Advocate General, Haryana.
Mr. Gopal Sharma, Advocate,
for respondent No.4 in CWP No.10677 of 2017.
HARSIMRAN SINGH SETHI J. (ORAL)
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Neutral Citation No:=2023:PHHC:096022
1. By this common order, three writ petitions, the details of which
have been given in the heading of the order, are being disposed of as all the
petitions involve the same question of law on similar facts.
2. The only claim in the present petitions relates to the seniority in
the cadre of Sister Tutor.
3. The petitioner is claiming seniority over and above the private
respondents who belongs to the reserved category. Though it is a conceded
position that respondent No.4 was granted promotion to the post of Sister
Tutor prior to the petitioner but the petitioner is claiming seniority by
placing reliance upon the judgment of this Court in CWP No.25512 of 2012
titled as Rajbir Singh vs. State of Haryana and others, decided on
14.11.2014 whereas, respondent No.4 is claiming seniority on the basis of
continuance length of service in the cadre of Sister Tutor.
4. Learned State counsel submits that the tentative seniority list in
the cadre of Sister Tutor had already been issued and the objections have
already been invited and the petitioner(s) and some other persons have
already raised objections to the same and the same are under consideration.
5. On being asked as to why, the seniority list is not being
finalized, learned State counsel, on the instructions from Mr. Satish Kumar,
Assistant, O/o DGHS, submits that the said seniority list will be finalized
within a period of six months from today by adopting the process as
envisaged under law and after the finalization of the seniority, in case any
action needs to be taken by the Department, the same will also be taken
within a further period of eight weeks.
6. Learned counsel for the petitioner(s) submits that keeping in
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view the statement of learned State counsel, the present petitions may
kindly be disposed of having been not pressed any further.
7. Ordered accordingly.
8. It may be noticed that till the finalization of seniority, the
interim order qua the reversion of the petitioner(s), passed by this Court,
will remain in operation but after the finalization of the seniority, the
Government will be free to implement the final seniority in accordance with
law with the clear indication that in case the petitioner(s) are feeling
aggrieved in any manner, they will have liberty to avail appropriate remedy.
9. It will be appreciated that in case any employee seeks personal
hearing, the same will also be afforded so as to pass appropriate order qua
the finalization of the seniority list.
July 27, 2023 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
Neutral Citation No:=2023:PHHC:096022
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