Punjab-Haryana High Court
Virendra Singh Malhan And Ors vs State Of Haryana And Others on 19 December, 2018
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No. 33497-2018 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 33497-2018
Date of decision : 19.12.2018
Virendra Singh Malhan and others ......Petitioners
versus
State of Haryana and anr. ...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Sameer Sachdeva, Advocate
for the petitioners.
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RITU BAHRI , J. (Oral)
In the present writ petition, petitioners are seeking directions to the respondents to grant the benefit of ad-hoc service towards seniority to the petitioners with all consequential benefits with interest in view of the authoritative settled decision dated 09.09.2010(Annexure P-3) and 13.10.2011 in LPA (Annexure P-4) and further upheld by Hon'ble the Supreme Court in SLP No. 6327-2012, decided on 10.05.2018 (Annexure P-5).
Learned counsel for the petitioners submits that petitioners were duly appointed as lecturers in Govt. Colleges in the State of Haryana through proper channel against a duly sanctioned/vacant post in the respondent/Department which were filled on ad-hoc basis through public notices, advertisement and requisitions through employment exchange after following due procedure of law. After continuity in service all the petitioners were regularized and confirmed on the said post and and were granted promotions from time to time and presently serving in the capacity as Associate Professor with the respondents. The detail of their appointment is mentioned in para No. 2 1 of 2 ::: Downloaded on - 17-03-2019 23:10:52 ::: CWP No. 33497-2018 2 of the petition.
The petitioners are now seeking benefit of the judgment passed in the case of Dr.Surinder Kumar Mishra and others Vs. State of Haryana and others passed in CWP No.8604 of 2007 (Annexure P3) which was upheld by the Division Bench of this Court in LPA No.886 of 2011 titled as State of Haryana and others Vs. Surindra Kumar Mishra and others (Annexure P-4), wherein, it has been held that if a person is appointed on ad-hoc basis after regular procedure of selection and thereafter he is regularized, then that period is to be counted towards seniority. The petitioners have moved legal notice dated 18.06.2018 (Annexure P-5) to the respondents but no action has been taken in this regard.
Keeping in view the judgments Annexure P-3 and Annexure P-4, the present writ petition is disposed of by giving directions to the respondents to look into the legal notice dated 18.06.2018 (Annexure P-5) and pass appropriate orders within a period of three months from the date of receipt of this copy of the order.
December 19, 2018 (RITU BAHRI)
G Arora JUDGE
Whether speaking/reasoned Yes
Whether reportable No
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