Punjab-Haryana High Court
Prabhu Dayal And Others vs State Of Haryana And Others ... on 24 February, 2010
Author: Permod Kohli
Bench: Permod Kohli
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 3358 of 2010
Date of Decision: 24.2.2010.
Prabhu Dayal and others --Petitioners
Versus
State of Haryana and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. A.K. Singh Goyat, Advocate for the petitioner.
***
PERMOD KOHLI.J (ORAL) Notice of motion.
Mr. R.K.S. Brar, Addl. A.G., Haryana has been asked to accept notice on behalf of respondents-State.
Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself.
The petitioners were engaged as Canal Patwaris on contract basis for the last so many years. Their contract is being renewed after six months or so. Their contracts are now expiring on 24.2.2010, 25.2.2010 and 28.2.2010. The Superintending Engineer, Bhakra Water Services Circle No.I, Hisar has recommended to the General Manager, Irrigation Department, Haryana for continuing services of these Canal Patwaris on D.C rates as their services are required till the posting of the regular Canal Patwaris. The petitioners apprehend their termination on the expiry of the contract period.
It is settled law that the temporary employees cannot be replaced by similar temporary arrangement. The petitioners, who are CWP. No. 3358 of 2010 -2- working on contract basis cannot be removed by a similar temporary arrangement except on account of unsatisfactory service or misconduct on their part or if, their services are not needed.
In view of the above circumstances, this petition is disposed of with a direction to the respondents not to replace the petitioners by a similar temporary arrangement except for unsatisfactory service or if, their services are not needed. However, respondents are at liberty to fill up the posts on regular basis. In that eventuality the petitioners will make way for the regular appointees.
(PERMOD KOHLI) JUDGE 24.2.2010.
lucky