Himachal Pradesh High Court
Hemraj And Another vs . H.P. National Law University on 22 January, 2025
Hemraj and another vs. H.P. National Law University CWP No. 1315 of 2025 22.01.2025 Present: Mr. Bonit Thakur and Ms. Babita Chauhan, Advocates, for the petitioners.
Mr. Rajesh Parmar, Advocate, (through video conferencing, for the respondent.
Notice. Mr. Rajesh Parmar, Advocate, appears and waives service of notice on behalf of the respondent. Pleadings be completed within a period of six weeks.
List thereafter.
CMP No. 1721 of 2025 Vide advertisement notice dated 09.09.2022 appended alongwith with the petition as Annexure P-2, post of driver-cum-office attendant (Light) had been advertised on daily wage basis. In pursuance to the aforesaid selection process initiated vide office order dated 19.09.2022 i.e. Annexure P-3, applicants were offered appointment on daily wage. As per the applicants, their services have been terminated on 31.12.2024. Vide advertisement notice dated 08.01.2025 (Annexure P-4) posts of drivers-cum-office attendant have been advertised, two for heavy vehicle & two for light vehicle and posts advertised are to be filled in by one General, one Schedule Castes, one OBC and one EWS Category candidates.
Prima facie replacement of a daily wage worker by another daily wage worker is illegal. Balance of convenience lies in favour of the applicants.
In view of the aforesaid, Annexure P-4 dated 08.01.2025, insofar as it pertains to post held by the present applicant prior to 31.12.2024, shall remain stayed till further orders. The application stands dispose of.
(Bipin C. Negi) Vacation Judge January 22, 2025 Tarun