Punjab-Haryana High Court
Shiv Dass vs State Of Haryana And Others on 11 November, 2020
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
CWP No.11584 of 2020 (O&M)
216 (2nd case)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.11584 of 2020 (O&M)
Date of Decision: 11.11.2020
Shiv Dass
......... Petitioner
Versus
State of Haryana and others
......... Respondents
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present:- Mr. R.K.Malik, Senior Advocate assisted by
Mr. Sunil Hooda, Advocate for the petitioner.
Mr. Vishal Malik, DAG, Haryana for the respondents.
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MAHABIR SINGH SINDHU, J.
Present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned advertisement dated 01.05.2020 (P-4), whereby respondent No.3 had advertised certain posts including the post held by the petitioner through Contractor. Further prayer is to direct the respondents to continue the petitioner in service till the regular appointment is made.
In response to the order dated 18.08.2020, short reply by way of affidavit dated 26.10.2020 of Deputy Group Commander, NCC Group Headquarter, Ambala Cantt. on behalf of the respondents was filed and para 5 thereof reads as under:-
"That the answering respondent no.2 had directed the answering respondent no.3 to allow the petitioner to continue on his posts as per the Outsourcing Policy Part-II of the State -1- 1 of 2 ::: Downloaded on - 11-11-2020 23:27:15 ::: CWP No.11584 of 2020 (O&M) Government subject to condition that their work and conduct remain satisfactory. Further in compliance of the interim direction of the Hon'ble High Court, the petitioner has been allowed as per the Outsourcing Policy Part-II to continue on his respective posts w.e.f. 17.08.2020."
Since the respondents themselves have allowed the petitioner to continue on his post as per the Outsourcing Policy Part-II of the State Government subject to condition that his work and conduct remain satisfactory, therefore, no cause of action survives in the writ petition.
In view of the above, this writ petition is disposed off as having been rendered infructuous.
Ordered accordingly.
Since the main petition stands disposed off, therefore, the pending applications, if any, shall also stand disposed off.
Needless to say that respondents shall remain bound by the averments made in para 5 of the affidavit, extracted hereinabove.
November 11th, 2020 ( MAHABIR SINGH SINDHU )
Gagan JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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