Punjab-Haryana High Court
Monika Yadav And Others vs State Of Haryana And Another on 30 April, 2019
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No.10392 of 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.10392 of 2019
Date of decision : 30.04.2019
Monika Yadav and others
...Petitioners
Vs.
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Sajjan Singh, Advocate,
for the petitioners.
***
Ritu Bahri, J. (oral) Learned counsel for the petitioners has referred to the instructions dated 23.10.2018 (Annexure P-5), whereby it has been clarified that the seniority will be decided, between two persons out of which one was engaged initially as eligible and another had acquired minimum qualification after his/her joining, by deducting the period without having the minimum qualification.
As per experience certificates (Annexure P-2 Colly.), petitioners are working on the posts of Extension Lecturer (Computer Science) since 2016 and 2014. They are seeking direction that they should be allowed to continue and should be relieved only on the principle of 'last come first go', if the workload is not available.
Notice of motion.
On the asking of the Court, Ms. Palika Monga, DAG, Haryana, accepts notice on behalf of the respondent-State.
Without expressing any opinion on the merits of the case, instant petition is disposed of with a direction to the respondents to allow 1 of 2 ::: Downloaded on - 11-05-2019 22:24:54 ::: CWP No.10392 of 2019 -2- the petitioners to work till regular appointments are made and they shall not be replaced on the basis of transfer/deputation of regular employees, subject to the condition that their work and conduct is satisfactory. However, if they are relieved, they be taken back into service immediately. Further, it is made clear that if, some new regular candidates join, the petitioner can be relieved on the basis of 'last come first go' in view of the judgment dated 29.07.2016 passed by this Court in Mrs. Rita Tandon vs. State of Haryana and others, CWP No.16975-2014.
(RITU BAHRI)
30.04.2019 JUDGE
ajp
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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