Himachal Pradesh High Court
Chander Mohan vs . Hp National Law University on 22 January, 2025
Chander Mohan vs. HP National Law University CWP No. 1316 of 2025 22.01.2025 Present: Mr. Bonit Thakur and Ms. Babita Chauhan, Advocates, for the petitioner.
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. 1722 of 2025 Vide advertisement on daily wage basis notice dated 09.09.2022 appended alongwith with the petition as Annexure P-2, post of driver-cum-office attendant (Light) had been advertised. In pursuance to the recruitment process carried on in furtherance thereof, the present petitioner was selected by the selection committee on 19.09.2022 on daily wage basis as is evident from Annexure P-3. Thereafter, vide Annexure P-4 i.e. advertisement notice dated 08.01.2025, a fresh advertisement has been issued for hiring drivers on daily wage basis. As per the applicant, his services have been terminated on 31.12.2024. Total posts advertised are four, 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 candidate.
Prima facie replacement of a daily wage worker by another daily wage worker is illegal. Balance of convenience lies in favour of the applicant.
In view thereof, 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