Punjab-Haryana High Court
Prem Parkash And Ors vs State Of Haryana And Others on 24 November, 2022
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
CWP-27067-2022 and other connected cases
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(118) CWP-27067-2022
Date of Decision : November 24, 2022
Sumit Kumar .. Petitioner
Versus
State of Haryana and others .. Respondents
(120) CWP-27091-2022
Sharmila .. Petitioner
Versus
State of Haryana and another .. Respondents
(121) CWP-27092-2022
Poonam Mehta and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(122) CWP-27095-2022
Prem Parkash and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(123) CWP-27102-2022
Vijay Singh .. Petitioner
Versus
State of Haryana and others .. Respondents
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(124) CWP-27113-2022
Rajesh Gill .. Petitioner
Versus
State of Haryana and others .. Respondents
(125) CWP-27115-2022
Vishnu Kumar .. Petitioner
Versus
State of Haryana and others .. Respondents
(126) CWP-27129-2022
Rajesh Kumar and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(127) CWP-27130-2022
Rajeev Sharma and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(128) CWP-27132-2022
Prithvi Singh .. Petitioner
Versus
State of Haryana and another .. Respondents
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(130) CWP-27140-2022
Surender Kumar and another .. Petitioners
Versus
State of Haryana and others .. Respondents
(131) CWP-27147-2022
Asha Yadav and others .. Petitioners
Versus
State of Haryana and others .. Respondents
(132) CWP-27149-2022
Manoj Kumar .. Petitioner
Versus
State of Haryana and others .. Respondents
(133) CWP-27162-2022
Virender Singh and others .. Petitioners
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Shalender Mohan, Advocate, for the petitioner
in CWP-27067-2022.
Mr. Vijay Dahiya, Advocate, for the petitioner
in CWP-27091-2022.
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CWP-27067-2022 and other connected cases
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Mr. Sanjeev Kumar Aarya, Advocate, for the petitioners
in CWP-27092-2022.
Ms. Anu Chatrath, Senior Advocate, with
Mr. Abhivrat Arya, Advocate, for the petitioners
in CWP-27095-2022.
Mr. Abhijeet Sharma, Advocate, for the petitioner
in CWP-27102-2022.
Mr. Sumit Sangwan, Advocate, for the petitioner
in CWP-27113-2022.
Mr. Kamal Singh, Advocate, for the petitioner
in CWP-27115-2022.
Mr. Sandeep Thakan, Advocate, for the petitioners
in CWP-27129-2022.
Mr. Jasbir Mor, Advocate, for the petitioners
in CWP-27130-2022.
Mr. Tejpal Dhull, Advocate, for the petitioners
in CWP-27132-2022.
Mr. Ajay Kumar Rana, Advocate, for the petitioners
in CWP-27140-2022.
Mr. Vijay Pal, Advocate, for the petitioners
in CWPs-27147 and 27162 of 2022.
Mr. Sandeep Kumar Yadav, Advocate, for the petitioner
in CWP-27149-2022.
HARSIMRAN SINGH SETHI J. (ORAL)
By this common order, fourteen writ petitions, the details of which have been given in the heading, are being disposed of as all the petitions involve the same question of law on similar facts.
In the present petitions, the grievance of the petitioners is that they are working as Guest Teachers and are now being threatened with dislocation from their present place of posting on the ground that the Guest Teachers, who have been displaced so as to accommodate regular 4 of 6 ::: Downloaded on - 25-11-2022 10:15:29 ::: CWP-27067-2022 and other connected cases 5 employees, are to be adjusted at their place, which is not at all envisaged in the transfer policy.
Learned counsel for the petitioners submits that the displaced Guest Teachers are to be accommodated at the places, which are vacant and are not to be adjusted, where other Guest Teachers are already working.
Learned counsel for the petitioner(s) submits that the petitioner(s) have already raised the said grievance by filing representations, copies of which have been attached with the present petitions and the petitioner(s) will be satisfied at this stage, in case a time bound direction is issued to the respondents to decide the said representations.
Notice of motion.
Mr. Harish Nain, Assistant Advocate General, Haryana, who is present in the Court, accepts notice on behalf of the respondents.
Learned counsel for the respondents submits that the representations of the petitioner(s), if already filed or submitted by the petitioner(s) with in a period of three days from today, will be considered and decided within a period of eight weeks from the receipt of copy of this order.
It is directed that till a decision is taken on the representations already filed by the petitioners or to be filed within three days from today, no coercive action of their displacement shall be taken by the respondent- department.
At this stage, learned counsel for the petitioner(s) submits that though this Court had already directed the respondents that till the decision of the representations, no coercive action is to be taken but despite the said 5 of 6 ::: Downloaded on - 25-11-2022 10:15:29 ::: CWP-27067-2022 and other connected cases 6 order, the petitioners are being relieved and the orders of this Court are being violated. One such order was shown in the Court today relieving an employee without deciding the representation for the information of the learned State counsel.
Learned State counsel submits that even if, someone has been relieved after the passing of an order by this Court, the said employee will be allowed to work at the same station by withdrawing the relieving order and appropriate instructions to the authorities concerned have already been issued in this regard and the Department will ensure that the orders passed by this Court are not violated in any manner.
The said statement removes the grievance of the petitioner(s) as noticed hereinbefore.
All the writ petitions stand disposed of in above terms. A photocopy of this order be placed on the file of other connected cases.
November 24, 2022 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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