Punjab-Haryana High Court
Sukhbir Singh vs State Of Haryana And Ors on 12 October, 2023
Neutral Citation No:=2023:PHHC:132887
CWP-18725-2021 and other connected cases 2023:PHHC:132887 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(277) CWP-18725-2021
Date of Decision : October 12, 2023
Kiranpal and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(2) CWP-3840-2020
Ramphal .. Petitioner
Versus
State of Haryana and others .. Respondents
(3) CWP-7401-2019
Kanta .. Petitioner
Versus
State of Haryana and others .. Respondents
(4) CWP-8583-2018
Jagdish Kumar .. Petitioner
Versus
State of Haryana and others .. Respondents
(5) CWP-8622-2018
Bimla Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
CWP-18725-2021 and other connected cases 2023:PHHC:132887 2
(6) CWP-8623-2018
Sukhbir Singh .. Petitioner
Versus
State of Haryana and others .. Respondents
(7) CWP-14817-2020
Anita Rani .. Petitioner
Versus
State of Haryana and others .. Respondents
(8) CWP-15728-2020
Rajesh .. Petitioner
Versus
State of Haryana and others .. Respondents
(9) CWP-6054-2020
Samundri Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
(10) CWP-3895-2020
Rajbala .. Petitioner
Versus
State of Haryana and others .. Respondents
(11) CWP-2064-2020
Raj Kali .. Petitioner
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
CWP-18725-2021 and other connected cases 2023:PHHC:132887 3
(12) CWP-14395-2021
Nirmala .. Petitioner
Versus
State of Haryana and others .. Respondents
(13) CWP-1590-2020 (O&M)
Balbir Kaur and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(14) CWP-1902-2020
Gulab Kaur and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(15) CWP-4740-2020
Telu Ram .. Petitioner
Versus
State of Haryana and others .. Respondents
(16) CWP-6840-2020
Krishna Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
(17) CWP-9544-2020 (O&M)
Gyano Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
CWP-18725-2021 and other connected cases 2023:PHHC:132887 4
(18) CWP-7778-2020 (O&M)
Jeet Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(19) CWP-7808-2020 (O&M)
Prithvi Singh .. Petitioner
Versus
State of Haryana and others .. Respondents
(20) CWP-14893-2020
Balbir Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(21) CWP-12781-2020
Balwinder Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(22) CWP-13201-2020
Mukhtyar Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(23) CWP-19518-2023
Raj Kumar and others .. Petitioners
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
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(24) CWP-14816-2020
Giano Devi and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(25) CWP-16168-2020
Bhana Ram .. Petitioner
Versus
State of Haryana and others .. Respondents
(26) CWP-17599-2020
Brij Lal and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(27) CWP-17618-2020
Poonam Chand and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(28) CWP-18007-2020
Naresh Kumar and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(29) CWP-18277-2020
Gyan Kaur @ Gian Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
CWP-18725-2021 and other connected cases 2023:PHHC:132887 6
(30) CWP-18433-2020
Rajender Kumar and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(31) CWP-19192-2020
Satpal and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(32) CWP-19770-2020
Purshotam and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(33) CWP-18992-2020
Daya Chand .. Petitioner
Versus
State of Haryana and others .. Respondents
(34) CWP-1133-2021
Jagga Ram and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(35) CWP-7580-2020 (O&M)
Ram Pati .. Petitioner
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
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(36) CWP-1297-2021
Karnail Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(37) CWP-20585-2020
Harmeet Singh and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(38) CWP-3083-2021
Govind and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(39) CWP-9222-2021
Raja Ram and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(40) CWP-9773-2021
Surjeet Singh and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(41) CWP-10749-2021
Puna Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
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(42) CWP-1231-2020
Paramjeet Kaur and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(43) CWP-15005-2021
Omi Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
(44) CWP-23742-2021
Aasha Rani .. Petitioner
Versus
State of Haryana and others .. Respondents
(45) CWP-7344-2018
Chemali Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
(46) CWP-16074-2017
Rohtash and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(47) CWP-13813-2021
Kelo Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
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(48) CWP-13805-2021
Nathu Ram and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(217-49) CWP-15887-2018
Purshotam Das .. Petitioner
Versus
State of Haryana and others .. Respondents
(50) CWP-17358-2018
Bala Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
(51) CWP-17498-2018
Sahab Kaur .. Petitioner
Versus
State of Haryana and others .. Respondents
(52) CWP-18881-2018
Sharmila .. Petitioner
Versus
State of Haryana and others .. Respondents
(53) CWP-17477-2018
Narayani .. Petitioner
Versus
State of Haryana and others .. Respondents
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Neutral Citation No:=2023:PHHC:132887
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(54) CWP-20138-2018
Shree Jai Narayan .. Petitioner
Versus
State of Haryana and others .. Respondents
(55) CWP-18913-2018
Abhey Ram and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(56) CWP-26957-2018
Vinod Kumar and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(57) CWP-26929-2018
Sukhdev and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(58) CWP-26972-2018
Raghuvir Singh and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(59) CWP-26973-2018
Santosh Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
10 of 14
Neutral Citation No:=2023:PHHC:132887
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(60) CWP-27068-2018
Ginni Devi .. Petitioner
Versus
State of Haryana and others .. Respondents
(61) CWP-10495-2023
Moti Lal and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(221-62) CWP-19045-2018
Sheela Devi and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(222-63) CWP-21095-2018
Sunita .. Petitioner
Versus
State of Haryana and others .. Respondents
(228-64) CWP-3605-2019
Kamla and another .. Petitioner
Versus
State of Haryana and others .. Respondents
(301-65) CWP-26475-2016
Madan Lal .. Petitioner
Versus
State of Haryana and others .. Respondents
11 of 14
Neutral Citation No:=2023:PHHC:132887
CWP-18725-2021 and other connected cases 2023:PHHC:132887 12
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Kanwal Goyal, Advocate, with
Mr. Shobhit Rapria, Advocate and
Mr. Govind Tanwar, Advocate,
Mr. S.K. Malik, Advocate and
Mr. Aditya Singh, Advocate,
Mr. R.S. Malik, Advocate,
Ms. Rinki K. Singhania, Advocate,
Mr. Ravinder Malik (Ravi), Advocate,
Mr. Raj Kumar Bhatia, Advocate,
Mr. Hardeep Singh Dhillon, Advocate, for
Mr. Baldev Singh Dhillon, Advocate and
Mr. Surinder Kumar Daaria, Advocate, for the petitioner(s).
Ms. Shruti Jain Goyal, Sr. DAG Haryana, and
Mr. Tapan Kumar Yadav, Deputy Advocate General, Haryana.
HARSIMRAN SINGH SETHI J. (ORAL)
1. By this common order, a bunch of writ petitions, the details of
which have been given in the heading, are being disposed of as all the
petitions involve the same question of law on similar facts.
2. In this bunch of petitions, the grievance of the petitioners is that
the order vide which their services were regularized with retrospective
effect, has been withdrawn, which is causing prejudice to the petitioners.
3. Learned counsel for the petitioners argues that the persons who
were similarly situated as the petitioners or their juniors, have been granted
the benefit of regularization from a date prior to the date as being given to
the petitioners, 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 petitioners, hence, the
withdrawal of the benefit of regularization from antedate from the
petitioners, is arbitrary and illegal.
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4. Learned State counsel submits that keeping in view the
grievance of the petitioners that no opportunity of hearing has been afforded
to them before passing an adverse order, in case the petitioners file
appropriate representation claiming the benefit of antedated regularization,
the said claim if raised by any of the petitioners, 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.
5. Learned State counsel further submits that in case any recovery
is to be done from the petitioners, the same will only be done after passing
of the fresh order in case the Government is still of the view that the same is
to be done from the petitioners and till any order is passed on the
representation of the petitioners, no recovery of any amount will be done
from the petitioners.
6. Learned counsel for the petitioners submits that keeping in
view the statement of the learned State counsel, the present writ petitions
may kindly be disposed of having been not pressed any further with liberty
to each of the petitioners 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.
7. Ordered accordingly.
8. At this stage, learned counsel for the petitioners 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 petitioners are also entitled to be considered
under the old pension scheme keeping in view the fact that they are working
with the Department prior to 01.01.2006, which issue also needs to be
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decided by the respondents.
9. Learned counsel for the respondents submits that all the issues
raised before the authorities concerned by the petitioners in their
representation will be dealt with in accordance with law and appropriate
order will be passed within the time frame as stated hereinbefore.
10. The present writ petitions are disposed of in terms of the
statement of the parties concerned as noticed hereinbefore.
11. Any civil miscellaneous application, if pending, also stands
disposed of.
12. A photocopy of this order be placed on the file of other
connected cases.
October 12, 2023 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:132887
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