Harjinder Kaur vs State Of Punjab And Others
2024 Latest Caselaw 5552 P&H

Punjab-Haryana High Court

Harjinder Kaur vs State Of Punjab And Others on 12 March, 2024

             CWP-5689-2024                           2024:PHHC:035499                              1

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                              AT CHANDIGARH
             124
                                                                  CWP-5689-2024
                                                                  Date of decision: 12.03.2024

             Harjinder Kaur
                                                                                       ....Petitioner
                                                     Versus

             State of Punjab and others
                                                                                      ...Respondents

             CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                               *****

Present : Mr. G.P. Vashisht, Advocate and Ms. Armaan Saggar, Advocate for the petitioner.

***** AMAN CHAUDHARY. J.

1. The prayer in the present Civil Writ Petition filed under Articles

226/227 of the Constitution of India, is to issue a writ in the nature of

mandamus, for directing the respondents to regularize the services of the

petitioner against the regular post.

2. Learned counsel would submit that the petitioner was appointed as

Peon vide order dated 14.10.1997 for six months and thereafter her services

were terminated on 12.10.1998, upon which CWP-18927-1998 was filed

challenging the same and during the pendency thereof, she was appointed on

21.10.1998 as part time sweeper on the rates fixed by the Deputy

Commissioner, Ferozepur. The said writ petition was thereafter withdrawn on

23.09.2008 with liberty to file a fresh. Since 1998, she has been working and is

thus seeking regularization of services in terms of the policy/instructions and

judgment in case of similarly situated employees passed by this Court in CWP-

1824-2014 titled as Surjit Kaur vs. State of Punjab and others, decided on

16.01.2015, against which the LPA-771-2015 filed by the State was dismissed

on 29.04.2016 and even SLP No.23464 of 2016 met the same fate on

integrity of this order/judgment

09.12.2016. In this regard, a legal notice dated 01.12.2022, Annexure P-8 and a

reminder thereto, dated 08.05.2023, Annexure P-10 have been sent to the

respondents, which have yet not evoked any response. He thus, at this stage, on

instructions, submits that the petitioner is sanguine of it being considered in a

positive manner, in case, a direction is given to the respondents to decide the

same in a time bound manner by granting her an opportunity of hearing.

3. Notice of motion.

4. At the asking of the Court, Mr. Manipal Singh Atwal, DAG,

Punjab accepts notice on behalf of the respondent-State and has no objection to

the limited prayer made.

5. In view of the aforesaid and without commenting upon the merits

of the case, this petition is hereby disposed of with a direction to the

respondents to consider the legal notice dated 01.12.2022, Annexure P-8 and

decide the same taking note of the aforesaid judgments referred to by the

petitioner, within a period of six months and

. However, in the eventuality of the relief being

denied, a speaking order be passed, after associating the petitioner therewith.

                                                                     (AMAN CHAUDHARY)
                                                                          JUDGE
             12.03.2024
             Hemant

                                   Whether speaking/reasoned     :      Yes / No
                                   Whether reportable            :      Yes / No







integrity of this order/judgment