Punjab-Haryana High Court
Baljit Singh vs State Of Haryana And Ors on 3 November, 2023
2023:PHHC:141295
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Sr. No.: 118
Civil Writ Petition No.24652 of 2023
Date of Decision: November 03, 2023
Baljit Singh
..... PETITIONER(S)
VERSUS
State of Haryana & others
..... RESPONDENT(S)
...
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
...
PRESENT: - Mr. A.S. Virk, Advocate, for the petitioner.
Ms. Tanushree Gupta, Deputy Advocate General,
Haryana.
. . .
Tribhuvan Dahiya, J (Oral)
This petition has been filed inter alia seeking a writ of
certiorari to set aside the letter dated 16.06.2023, Annexure P-13, to
the extent it stipulates that in the event of non-joining the post
immediately, the petitioner's appointment will be deemed to be
cancelled. Further, a writ of mandamus has been sought directing the
respondents to allow the petitioner to join as TGT-English (Group-C
Services), Department of Elementary Education, Haryana, at
Government High School, Kutabpur, in terms of the letter/order of
appointment, dated 28.11.2022, Annexure P-4.
2. Learned counsel for the petitioner contends that the
AVIN KUMAR
petitioner is working as Assistant in Kurukshetra University,
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integrity of this
order/judgment.t
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CWP No.24652 of 2023 [2]
Kurukshetra. During service, he along with other candidates, was
selected and appointed as TGT-English (Rest of Haryana) Cadre, and
directed to join at Government High School, Kutabpur, Kaithal (2222)
within fifteen days, vide letter dated 28.11.2022, failing which the offer
of appointment would be deemed to have been withdrawn.
3. Since the petitioner was already working as Assistant in
the University, to get the necessary approvals for getting relieved from
there, he applied for extension in joining time vide letter, dated
30.11.2022, Annexure P-5. Respondent No.2 accepted his request and
granted extension up to 30.04.2023, vide letter dated 02.05.2023,
Annexure P-9. However, the letter was endorsed to him on 11.05.2023
and delivered on 31.05.2023 at 05:12 PM, as is apparent from the Track
Consignment details, placed on record as Annexure P-11. Therefore,
the petitioner could not avail the extended joining time.
4. In this situation, the petitioner again requested for
correction in joining date/extension of joining time, vide letter dated
05.06.2023, Annexure P-12. The request for extension was rejected by
the respondents, but at the same time he was directed to join the post
with immediate effect, vide letter dated 16.06.2023. The letter was
received by the petitioner on 23.06.2023, as averred in the petition. On
receiving the letter, twice over petitioner visited the office of District
Elementary Education Officer (DEEO), Kaithal, to get information
regarding the date of joining, so that he may obtain relieving from the
University where he is working, for joining the post. But due to on-
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integrity of this
order/judgment.t
2023:PHHC:141295
CWP No.24652 of 2023 [3]
going strike of the ministerial cadre staff, he could not get the desired
information. On 10.07.2023, the petitioner again went to the DEEO
office but the strike had not ended by that time. In these circumstances,
he could not join the post. Thereafter, he repeatedly requested for
permission to join by sending e-mails to the Department from July 12,
2023 to August 23, 2023, Annexure P-16, but no response was
received. Other letters, dated 24.07.2023, Annexure P-17 and
06.09.2023, Annexure P-18, were also sent in that regard, but to no
effect.
3. Learned counsel for the petitioner has further submitted
that petitioner's bona fides are established by the fact that he duly
applied to the University for grant of extraordinary leave (EOL)
without pay for one year for the purpose of joining the post, and the
same was sanctioned to him, vide letter dated 10.05.2023, Annexure P-
7. He has also got conducted his medical examination for the purpose
from the office of Civil Surgeon, Kaithal, on 07.04.2023, Annexure P-
8. In case he is not allowed to join, it will seriously prejudice his rights
and deprive him of the post he has been duly selected, for no fault of
his.
4. Learned State counsel, appearing on advance notice,
contends that twice over the extension of joining time was granted to
the petitioner, but he could not avail of the same. The last extension
was granted vide letter dated 16.06.2023, still he could not join. She
also submits that, as per instructions, the letter was sent to the petitioner
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through e-mail also on 19.06.2023, therefore, his stated reasons for not
joining the post cannot be accepted.
5. Heard.
6. Undisputedly, the petitioner is working as Assistant in
the University. He had reasons to seek extension of time for joining the
post, pursuant to appointment letter dated 28.11.2022. Accepting the
same, he was given extension to join by the respondents up to
30.04.2023, but the letter granting the same was conveyed to him after
the extended time was over, making the extension otiose. The mistake
was realised, and despite rejecting the second extension sought by the
petitioner, he was allowed to join the post immediately, vide letter
dated 16.06.2023, with the condition that in the event of not joining, the
appointment shall be deemed to have been cancelled. The condition is
unreasonable, and amounts to robbing the petitioner of the opportunity
to avail the extended joining time, especially because he is already
working with another employer and would naturally require a
reasonable joining time to get relieved from there.
7. Without going into the veracity of reasons for not
joining the post immediately as put forth by the petitioner, the fact
remains that the respondents have been behaving arbitrarily and
whimsically. On the one hand, they accepted the petitioner's request for
extension of joining time, finding the same genuine; on the other,
themselves made sure the extensions could not be availed of by him, as
discussed herein above. This cannot be permitted. The petitioner has
AVIN KUMAR
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integrity of this
order/judgment.t
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prima facie established his bona fides on record by applying for
extension soon on getting the appointment letter, and also completing
the requirements of EOL and medical examination for the purpose of
joining. Therefore, there is no reason to deny him reasonable time to
join the post he has been duly selected for.
8. Accordingly, the petition is allowed; the impugned
condition in the letter, dated 16.06.2023, requiring the petitioner to join
the post of TGT-English (Rest of Haryana) at Government High
School, Kutabpur, Kaithal (2222) immediately, is hereby set aside, and
the petitioner is permitted to join within two weeks from today. There
shall be no order as to costs.
(Tribhuvan Dahiya)
Judge
November 03, 2023
avin
Whether Speaking/ Reasoned: Yes/ No
Whether Reportable: Yes/ No
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integrity of this
order/judgment.t
