Pinki Sharma vs State Of Haryana And Others
2024 Latest Caselaw 13497 P&H

Punjab-Haryana High Court

Pinki Sharma vs State Of Haryana And Others on 2 August, 2024

                 CWP-37413-2019 (O&M)                                                                    -1-

                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH

                 218                                                     CWP-37413-2019 (O&M)
                                                                         Date of Decision: 02.08.2024

                 Pinki Sharma                                                             ...Petitioner(s)


                                                               Versus


                 State of Haryana and others                                            ...Respondent(s)


                 CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

                 Present:-              Mr. Saurabh Bajaj, Advocate for the petitioner
                                        Mr. Rohit Arya, Deputy Advocate General, Haryana
                                        Mr. Pawan Kumar Mutneja, Senior Advocate with
                                        Ms. Suverna Mutneja, Advocate and
                                        Mr. V.S. Mahal, Advocate for respondents no.3 & 4
                                        ***
                 TRIBHUVAN DAHIYA, J. (Oral)

The petition has been filed, inter alia, seeking a writ of certiorari

quashing the letter dated 31.10.2019, Annexure P-3, whereby the petitioner was

given the punishment of termination from service without issuing any show

cause notice or inquiry, in violation of the Haryana Affiliated Colleges

(Security of Service) Act, 1979.

2. Learned senior counsel appearing for the third and fourth

respondent contends that the petitioner was working with the third

respondent/College, which is an unaided private educational institution, and

was relieved from service on attaining the age of superannuation, i.e., fifty-eight

years, vide letter dated 30.10.2019, Annexure R-3/1. She was also asked to

collect her dues from the College after getting clearance from the concerned

authenticity of this order/judgment CWP-37413-2019 (O&M) -2-

Department. The impugned order dated 30.10.2019, Annexure P-4, was never

passed by the College authorities. In fact, the College had replied to the

petitioner's legal notice vide its letter dated 11.12.2019, Annexure P-6, clearly

mentioning that she was aware of the fact that her services came to an end on

attaining the age of superannuation, and she was retired with effect from

31.10.2019. A letter to that effect was sent to her which was intentionally not

received. This is the specific stand taken by the respondents in the written

statement dated 18.01.2020, and there is no denial to these averments.

3. Learned counsel for the petitioner, however, contends that the

impugned order had been passed, and there was no reason for the petitioner to

fabricate it.

4. Heard.

5. As per pleaded case of the second and third respondent, the

petitioner was relieved from service on attaining the age of superannuation. She

has not disputed the fact by filing any counter affidavit or bringing on record

any other material.

6. In this view of the matter, this Court has no option but to accept

the facts pleaded by the College, and substantiated by documents as well. These

undisputed facts establish that the petition has been filed by bringing wrong

facts on record in an attempt to mislead the Court. The petitioner was not

terminated from service, instead she was relieved on attaining the age of

superannuation vide letter dated 03.10.2019, Annexure R-3/1.

7. In view thereof, the petition stands dismissed with costs of

₹10,000, which are to be deposited by the petitioner in the Poor Patients

Welfare Fund, PGIMER, Chandigarh, within four weeks.

authenticity of this order/judgment CWP-37413-2019 (O&M) -3-

8. Pending application(s), if any, also stand(s) disposed of.

                                                                             (TRIBHUVAN DAHIYA)
                                                                                    JUDGE
                 02.08.2024
                 Payal
                                        Whether speaking/reasoned           Yes/No
                                        Whether reportable                  Yes/No







authenticity of this order/judgment