Supreme Court - Daily Orders
Hemant Kumar vs The State Of Haryana on 1 May, 2023
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
ITEM NO.24 + 23 COURT NO.15 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 15281/2023
(Arising out of impugned final judgment and order dated 15-03-2023
in CWP No. 18515/2012 15-03-2023 in CWP No. 5465/2018 passed by the
High Court Of Punjab & Haryana At Chandigarh)
HEMANT KUMAR & ORS. Petitioner(s)
VERSUS
THE STATE OF HARYANA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.76815/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.76812/2023-PERMISSION TO
FILE PETITION (SLP/TP/WP/..) and IA No.76813/2023-PERMISSION TO
FILE LENGTHY LIST OF DATES )
WITH SLP(C) No. 7506-7508/2023 (IV-B)
(IA No.74420/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.77348/2023-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
SLP(C) No. 7597-7600/2023 (IV-B)
(FOR ADMISSION and I.R. and IA No.75653/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
SLP(C)No(s).8142/2023 (IV-B)
(FOR ADMISSION and I.R. and IA No.80520/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )
SLP(C) No. 8004/2023 (IV-B)
(FOR ADMISSION and I.R. and IA No.79810/2023-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.79807/2023-PERMISSION TO
FILE LENGTHY LIST OF DATES and IA No.79806/2023-PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 01-05-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s)
Signature Not Verified
Mr. Ranjit Kumar, Sr. Adv.
Digitally signed by
Jayant Kumar Arora
Date: 2023.05.02
Mr. Maninder Singh, Sr. Adv.
18:15:44 IST
Reason: Mr. Gurminder Singh, Sr. Adv.
Ms. Preetika Dwivedi, AOR
Mr. Abhisek Mohanty, Adv.
1
Mr. Jitender Singh Gill, Adv.
Mr. Gurminder Singh,Sr.Adv.
Mr. Jatinder Singh,Adv.
Ms. Geetika Dwivedi,Adv.
Mr. Karmanbir Singh,Adv.
Mr. Ajay Sabharwal,Adv.
Ms. Ashita Chawla,Adv.
Mr. P.S.Patwalia, Sr. Adv.
Mr. Chritarth Palli, AOR
Mr. Ritik Shah, Adv.
Mr. C. Aryama Sundaram, Sr. Adv.
Mr. Sandeep Bajaj, Adv.
Mr. Soayib Qureshi, AOR
Mr. Zafar Inayat, Adv.
Ms. Aparna Singh, Adv.
Ms. Radha Gupta, Adv.
Mr. Ranjit Kumar, Sr. Adv.
Mr. Mahinder Singh, Sr. Adv.
Mr. Gurminder Singh, Sr. Adv.
Ms. Preetika Dwivedi, AOR
Mr. Abhisek Mohanty, Adv.
Mr. Jitender Singh Gill, Adv.
Mr. Siddharth Batra, AOR
Ms. Shivani Chawla, Adv.
Mr. Chinmay Dubey, Adv.
Ms. Archna Yadav, Adv.
Mr. Rhythm Katyal, Adv.
Mr. Ashutosh Chugh, Adv.
Mr. Kunal Yograj Verma, Adv.
Mr. Tushar Pahwa, Adv.
For Respondent(s)
Mr. Ranjit Kumar, Sr. Adv.
Mr. Maninder Singh, Sr. Adv.
Mr. Gurminder Singh, Sr. Adv.
Mr. Amit Verma, AOR
Mr. Abhishek Mohanty, Adv.
Mr. Jitender Singh Gill, Adv.
Mr. Ranjit Kumar, Sr. Adv.
Mr. Maninder Singh, Sr. Adv.
Mr. Gurminder Singh, Sr. Adv.
Ms. Preetika Dwivedi, AOR
Mr. Abhisek Mohanty, Adv.
Mr. Jitender Singh Gill, Adv.
2
UPON hearing the counsel the Court made the following
O R D E R
Permission to file the special leave petition(s) is granted. There is a dispute between those who are directly recruited in the Public Works Department vis-a-vis those who were initially inducted in the Panchayat Raj Department and then brought on deputation in the Public Works Department and thereafter absorbed in the latter Department.
The special leave petitions are filed both by the direct recruits as well as the deputationists. The grievance of the direct recurits is that the deputationists were undeservingly brought into the Public Works Department although they were appointed in the Panchayat Raj Department. The other grievance of the direct recruits is that although they should have been appointed immediately upon their selection in the year 2006, their appointments were delayed because of pending litigation. Therefore in seniority list they cannot be placed below the deputationists who could not have been brought in to the Public Works Department and steal a march on seniority over the direct recruits.
The grievance of the other group is that seniority can be counted only after a person enters the cadre.
Issue notice, returnable within eight weeks.
Let notice be served upon standing counsel for the respondent- State of Haryana. Notice shall also be served upon the remaining unrepresented respondents. Dasti, in addition, is also permitted.
In the meantime, reversion should not be made in pursuance to the impugned order. Promotions, if made in the interregnum, is subject to the result of these proceedings.
(MAHABIR SINGH) (KAMLESH RAWAT)
AR-CUM-PS ASSISTANT REGISTRAR
3