Punjab-Haryana High Court
Harmandeep Kaur And Another vs Union Of India And Others on 30 June, 2010
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.11293 of 2010
Date of Decision : June 30, 2010.
Harmandeep Kaur and another .....Petitioners
versus
Union of India and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Ms.Alka Chatrath, Advocate, for the petitioners.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioners were appointed as Counsellors by the Punjab State AIDS Control Society on contract basis vide appointment letters dated 18.12.2007 (Annexures P-6 & P-7). It was stipulated that their services conditions will be governed by the guidelines issued by the National AIDS Control Organisation (for short `the NACO').
It appears that the Punjab State AIDS Control Society has been receiving financial assistance from the National AIDS Control Organization out of which the petitioners were used to be paid their salaries.
The services of the petitioners have now been suddenly terminated vide order dated 17.6.2010 (Annexure P-12) on the ground that C.W.P.No.11293 of 2010 2 at the time of their appointments, the petitioners were not possessing the requisite experience prescribed by the NACO for appointment as Counsellors and that their case for relaxation in the experience was sent to the NACO who has not acceded to the request of the Punjab State AIDS Control Society in that regard due to which the Punjab State AIDS Control Society has now terminated the services of the petitioners.
The petitioners urge that they were possessing more than two years and one year experience, respectively before their appointment and by now both of them have gained more than four or about four years' experience and thus, it would be too unfair and unjust at this stage to terminate their services for want of requisite experience.
Having heard leaned counsel for the petitioners, I am of the considered view that though no fault can be found with the action of the Punjab State AIDS Control Society for want of one time relaxation in the experience of the petitioners, never-the-less the experience gained by the petitioners meanwhile requires serious consideration by the NACO. Suffice it to observe that by now the petitioners have obtained the requisite experience and their contractual appointments could be allowed to continue by treating them fully eligible.
The writ petition is accordingly disposed of with liberty to the petitioners to submit a representation before the Secretary, National AIDS Control Organization alongwith proof of their experience before and after their appointments. If any such representation is made, the Competent Authority in the National AIDS Control Organization is directed to re- C.W.P.No.11293 of 2010 3 consider the request forwarded by the Punjab State AIDS Control Society regarding relaxation in experience (at the time of initial appointment of the petitioners on contract basis) and/or to allow them to continue as freshly engaged Counsellors in view of the fact that now they possess the requisite experience. An appropriate speaking order to this effect will be passed by the Competent Authority of the National AIDS Control Organization preferably within a period of three months from the date of receiving the representation.
Dasti.
June 30, 2010 (SURYA KANT) Mohinder JUDGE