Civil Writ Petition No. 9955 of 2002 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No. 9955 of 2002
Date of Decision: 4.12.2008
Kashmira Singh
...Petitioner
Versus
Haryana State Agricultural Marketing Board and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. R.K.Malik, Senior Advocate
with Mr. Vishal Malik, Advocate
for the petitioner.
Mr. Jayander Singh Chandail, Additional
Advocate General, Haryana, for
respondent No.1
Mr. Narender Hooda, Advocate
for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present writ petition has been filed by Kashmira Singh,
Junior Engineer, who is working in the office of the Executive Engineer,
Haryana State Minor Irrigation & Tube-well Corporation (hereinafter
referred to as “HSMITC”). He has filed the present writ petition with a
prayer to issue a writ in the nature of mandamus to direct respondent
No.1 to absorb him on permanent basis from the date his juniors have
been absorbed and further directions was also sought to be issued that
his services be not terminated till the issuance of regular absorption
Civil Writ Petition No. 9955 of 2002 2
letter.
The present writ petition was preferred on 3.7.2002.
Notice of motion was issued by this Court on 5.7.2002 and it
was ordered that status quo regarding the service of petitioner as on that
day be maintained.
The petitioner was appointed as Junior Engineer in HSMITC
on 23.10.1978. A letter (Annexure P1) dated 19.5.1998 was issued by
the Haryana State Agricultural Marketing Board (hereinafter referred to
as “the Board”) that 16 persons on basis of selection have been
appointed in the Board as Junior Engineer by way of deputation.
Thereafter, the Board came forward with a circular that those employees
who have been appointed by way of deputation due to regular selection
process can be permanently absorbed if they give their consent in a
specified proforma. The petitioner, vide Annexure P2, on 21.1.2000
gave his consent. After the consent was given, the Executive Engineer
of the Board, vide Annexure P3, recommended absorption of the
petitioner in the Board. A request of the petitioner was sent by the Board
to the Managing Director of HSMITC to give “No Objection Certificate”
along with resume of Annual Confidential Reports. On 12.7.2001,
Personnel Officer-I for Managing Director, HSMITC, received a reply
that resume of Annual Confidential Reports have already been sent and
no disciplinary case is pending against the petitioner. However, No
Objection Certificate was not issued by HSMITC. In July 2002 HSMITC
issued a communication to the employees that since the respondent-
Corporation has been closed, therefore, its employees are to be
retrenched.
Civil Writ Petition No. 9955 of 2002 3
At this stage, Mr. Hooda appearing for HSMITC states that for
the first time on 18.4.2002, Board of Directors passed a a resolution to
close down the Corporation, therefore, he has stated that since No
Objection Certificate was not issued, 18.4.2002 will be the material date
as on that the employees were to be absorbed in the different
departments, according to their pre-existing seniority. This argument of
Mr.Hooda cannot be accepted in view of the peculiar facts and
circumstances of the case. Since the petitioner, earlier by way of
selection, was appointed on deputation with the Board and a decision
had already been taken by the Board to absorb the petitioner in the
Agricultural Department, therefore, a benefit which accrued to the
petitioner cannot be denied because a year later HSMITC had decided
to close down and during the interregnum period, No Objection
Certificate could not be issued. Therefore. The objection raised by
HSMIC cannot be sustained in peculiar facts and circumstances of the
case.
Therefore, this petition is allowed. Petitioner shall be
absorbed in the Board according to terms & conditions enforced by the
Board.
(Kanwaljit Singh Ahluwalia)
Judge
December 4, 2008
“DK”