Punjab-Haryana High Court
Sunita Ben Chintamani Mishra And Ors vs State Of Haryana And Ors on 27 September, 2018
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No. 8172 of 2016 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 8172 of 2016
Date of Decision:-27.09.2018
Sunita Ben Chintamani Mishra and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM:- HON'BLE MS. JUSTICE RITU BAHRI
Present:- Mr. Sajjan Singh Malik, Advocate
for the petitioners.
Mr. Siddharth Sanwaria, DAG Haryana.
RITU BAHRI J.(Oral)
Petitioners are seeking setting aside of order dated 26.4.2016 (Annexure P-4) vide which they have been relieved. Petitioners were working as Lab Attendants on contract basis since 2013/2014 and they were appointed as per advertisement (Annexure P-2). The petitioners are duly qualified as per Rules (Annexure P-2). They have been relieved on 26.4.2016 vide Annexure P-4.
While issuing notice of motion on 03.6.2016 the operation of the impugned order dated 26.4.2016 (Annexure P-4) was stayed and a direction was given that the petitioners shall not be replaced by another set of contractual employees.
The petitioners are continuing working on contract basis till 1 of 2 ::: Downloaded on - 07-10-2018 00:10:13 ::: CWP No. 8172 of 2016 -2- date and counsel for the State has argued that they can only continue to work till the work load is available and they can be replaced by regularly selected candidates as held by this Court in CWP No.16954 of 2015, case titled 'Anurag Chahal and others vs. State of Haryana and another', decided on 05.5.2016 (Annexure P-7).
The petition at this stage is disposed of by giving direction to the respondents to allow the petitioners to continue to work till the regularly selected candidates are made available. Further direction is being given that they will be given minimum pay-scales as admissible to the regular employees. However, it is made clear that the contractual employees shall work to the satisfaction of the respondents and in case posts are abolished or their work and conduct is not found satisfactory, their services can be dispensed with by the respondents. They will continue to the work till the work load is available and they will be relieved on the principle of 'Last come First go'.
Disposed of.
September 27, 2018 ( RITU BAHRI )
Vijay Asija JUDGE
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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