Punjab-Haryana High Court
Mamta vs State Of Haryana And Ors on 9 January, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:001710
CWP-12236-2016 (O&M) and connected case 2024:PHHC:001710
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(204) CWP-12236-2016 (O&M)
Date of Decision : January 09, 2024
Sweety .. Petitioner
Versus
State of Haryana and others .. Respondents
(204-A) CWP-7159-2017 (O&M)
Mamta .. Petitioner
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Sanjiv Gupta, Advocate, with
Mr. Tushar Wadhwa, Advocate, for the petitioner
in CWP-12236-2016.
Mr. D.S. Patwalia, Sr. Advocate, with
Mr. Armaan Dahiya, Advocate, for the petitioner
in CWP-7159-2017.
Mr. Saurabh Mohunta, Deputy Advocate General, Haryana.
Mr. Arvind Galav, Advocate and
Mr. Dinesh Kumar, Advocate, for respondents No.2 to 4.
HARSIMRAN SINGH SETHI J. (ORAL)
1. By this common order, two writ petitions, the details of which
have been given in the heading, are being disposed of as both petitions
involve the same question of law on similar facts.
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CWP-12236-2016 (O&M) and connected case 2024:PHHC:001710
2. In the present writ petitions, learned senior counsel appearing
on behalf of the petitioner contends that keeping in view the settled
principle of law, the petitioner(s) are not entitled for the benefit of
reservation but once the said benefit has already been extended to them and
there is no misrepresentation on part of the petitioner(s) to claim the said
benefit of reservation, keeping in view the settled principle of law settled by
the Hon'ble Supreme Court of India in Special Leave Petition (Civil)
No.3314, 3370 and 3365 of 2010 titled as Dattu Namdev Thakur vs. State
of Maharashtra and others, decided on 07.12.2011, the selection needs to
be protected with the rider that no further benefit of reservation will be
extended to the petitioner(s).
3. Learned senior counsel appearing on behalf of the petitioner
also relies upon the judgment of the Coordinate Bench of this Court in
CWP No.161 of 2010 titled as Rita K. Singh vs. The New India Assurance
Company Limited and others, decided on 04.04.2012 to project his claim
for continuing in service but without raising any claim with regard to
reservation in future. Learned senior counsel submits that the judgment of
the Coordinate Bench of this Court in Rita K. Singh's case (supra) has
already been upheld in LPA No.941 of 2012 titled as New India Assurance
Company and another vs. Rita K. Singh and another, decided on
10.07.2012, hence, the services of the petitioner(s) be not terminated but no
further benefit of reservation be granted to the petitioner(s) especially when
a considerable time has already elapsed since the selection of the
petitioner(s).
4. Learned counsel for the respondents submits that as of now,
only a show cause notice has been given to the petitioner(s) to show cause
why action should not be taken and in case the petitioner(s) have any
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CWP-12236-2016 (O&M) and connected case 2024:PHHC:001710
grievance or any principle of law in their favour, which has been noticed
hereinbefore, same will be taken into consideration while passing
appropriate order.
5. Learned counsel for the respondents further submits that the
present petitions are pre-mature as no order causing prejudice to the
petitioner(s) has been passed so far and the present petitions are liable to be
dismissed as being pre-mature.
6. Learned senior counsel appearing on behalf of the petitioner
submits that keeping in view the stand of the employer i.e. respondents No.
2 to 4 that no action causing prejudice has been taken so far and all the pleas
raised in defence will be taken into consideration including the settled
principle of law, the present writ petitions may kindly be disposed of having
been not pressed any further with liberty to the petitioner(s) that in case any
order causing prejudice to them is passed, they be made entitled to avail
appropriate remedy before appropriate forum.
7. Ordered accordingly.
8. Learned counsel appearing on behalf of respondents No. 2 to 4
submits that as of now, no reply has been filed by the petitioner(s) to the
show cause notice.
9. Learned counsel for the petitioner(s) submits that appropriate
reply to the show cause notice will be filed within a period of four weeks
from today for the consideration of the respondents qua the show cause
notices which have been issued to the petitioner(s).
10. The present writ petitions are disposed of in above terms.
11. Any civil miscellaneous application pending if any, also stands
disposed of.
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12. A photocopy of this order be placed on the file of other
connected case.
January 09, 2024 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:001710
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