Citation : 2024 Latest Caselaw 10860 P&H
Judgement Date : 4 July, 2024
Neutral Citation No:=2024:PHHC:082524
CWP-12812-2021 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
224-1
CWP-12812-2021 (O&M)
Date of decision: 04.07.2024
Amita Rani @ Amita
....Petitioner
Versus
State of Haryana and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Ravinder Malik (Ravi), Advocate for the petitioners
Mr. Harish Rathee, Sr. DAG Haryana
*****
AMAN CHAUDHARY. J. (ORAL)
1. The present petition has been filed for quashing the impugned order
dated 23.06.2020 passed by respondent No.2, whereby the claim of the petitioner
for regularisation of her services on the post of Clerk w.e.f. 09.03.1994 alongwith
all consequential benefits.
2. Learned counsel submits that the petitioner was initially joined in the
Census Department, Government of Haryana as Lower Divisional Clerk on
04.06.1990 and joined the respondent-Department on 20.04.1993 as Typist on
adhoc basis in the pay scale of 950-1500. However, her services came to be
terminated on 08.06.1993, whereafter, she was permitted to join for a period of 7
months on 27.07.1993 till 09.03.1994. She was reinstated in service with
continuity of service and with 50% back wages vide award dated 23.12.2004
passed by the Labour Court and reinstated vide order dated 09.03.2005, Annexure
P-4 on the post of Clerk and the back wages were also paid. Her services came to
be regularised vide order dated 29.01.2014 w.e.f. 29.07.2011 and she is however,
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Neutral Citation No:=2024:PHHC:082524
CWP-12812-2021 (O&M) - 2-
seeking the same in terms of the policies dated 17.06.1997, Annexure P-15 as also
01.10.2003, Annexure P-16, for which, he is placing reliance on the judgments
passed by this Court in State of Haryana and Others vs. Balwinder Singh and
Others in LPA-688-2021 and other connected cases, decided on 02.12.2022 and
Ashish Sharma and Others vs. State of Haryana and Others in CWP-2158-
2020 and other connected cases, decided on 13.03.2024. He thus, at this stage, on
instructions, submits that the petitioner would be satisfied, in case, a time bound
direction is given to the respondents to decide her claim keeping in view the
aforesaid judgments, by granting her an opportunity of hearing.
3. Learned State counsel has no objection to the limited prayer made.
4. In view of the above and without commenting on the merits of the
case, this petition is hereby disposed of with a direction to the respondents to
decide the claim of the petitioner, taking note of the pleas raised as also the afore-
referred judgments, within a period of 4 months, which this Court has no reason to
believe the authorities would not address in a just, fair and reasonable manner.
Upon doing so, after notice and hearing offered to her and if found entitled, grant
the benefit forthwith. Needless to say, if the orders are adverse to her interest, the
same shall contain reasons and the petitioner shall be free to seek legal redress
thereupon.
(AMAN CHAUDHARY)
JUDGE
04.07.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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