CWP-7478-2015 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(215)

CWP-7478-2015 (O&M)

Date of Decision : August 23, 2022

Malkeet Singh and others

.. Petitioners

Versus

State of Haryana and others

.. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Manoj Makkar, Advocate, for the petitioners.

Mr. R.S. Budhwar, Addl. A.G., Haryana.

HARSIMRAN SINGH SETHI J. (ORAL)

In the present case, the prayer of the petitioners is that the

petitioners, who are working on contractual basis, should not be replaced

through another set of contractual employees and should be allowed to

continue in service till the regular incumbents joins.

As per the averments made in the petition, the petitioners were

appointed as Sweeper/Mali in the respondent No.3 institution starting from

2009 onwards till 2015.

Learned counsel for the petitioners argues that the petitioners

are being replaced by another set of employee on contractual basis which is

impermissible hence, the relieving of the petitioners by respondent No.3 be

treated as bad in law and respondent No.3 be directed to allow the

petitioners to continue in service.

HARSHA RANI

2022.08.26 17:47

I attest to the accuracy and

integrity of this document

CWP-7478-2015 (O&M)

2

While issuing notice of motion, this Court directed that the

petitioners shall not be replaced by another set of contractual employees.

After notice of motion, reply has been filed by the respondents

wherein, they have stated that though, the petitioners are working in the

Industrial Training Institute but, the petitioners were appointed by the

Managing Committee of the Institute out of their own funds received under

the grant system from Government of India and no amount is being paid to

the petitioner by the respondents Institute out of the budget allocated to the

institution. As per the reply, the Managing Committee of the Institute

decided to outsource the Mali/Chowkidar for which the petitioners were

given option but they refused and therefore, they were relieved from service

but the petitioners have not been replaced by another set of contractual

employees.

I have heard learned counsel for the parties and have gone

through the record with their able assistance.

The petitioners are the contractual employees and cannot claim

to continue in service unless and until any of their right is infringed. The

only right which is available to the petitioners is that they are entitled to

continue till their requirement by the employer and cannot be replaced by

another set of employee on the same terms and conditions. No averments

have been made by the petitioners as to how, they are being replaced by

another set of contractual employees.

Further, no detail of employees, who have been appointed after

relieving of the petitioners, has been given in the writ petition or thereafter.

No replication has been filed by the petitioners to controvert

the statement of the respondents that the petitioners were being paid from

HARSHA RANI

2022.08.26 17:47

I attest to the accuracy and

integrity of this document

CWP-7478-2015 (O&M)

3

the funds which were generated or were available to Institute's

Management Committee under the grant system. The said grant has already

been exhausted in the year 2017.

Keeping in view the facts and circumstances which have been

noticed hereinbefore especially that the petitioners have not been able to

satisfy this Court that the petitioners have been replaced by another set of

employees on the contractual basis and further that the petitioners were

being paid by the IMC Society out of their own funds which funds were

received under the grant system and the petitioners were not engaged by the

Industrial Training Institute Sadhaura, no relief, as being prayed by the

petitioners in the present petition, can be extended to them.

Accordingly, the present writ petition is dismissed.

As the main writ petition is dismissed, application i.e. CM-

5370