203

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-26326-2013 (O&M)

DATE OF DECISION: 31.08.2022

Manisha

&Petitioner

versus

State of Haryana and others

&Respondents

CORAM : HON9BLE MR. JUSTICE ARUN MONGA

Present :

Mr.Kanwaljit Singh, Advocate with

Mr. Rahul Gautam, Advocate and

Ms. Shazia K. Singh, Advocate

for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

Mr. R.K. Malik, Senior Advocate with

Mr. Sandeep Dhull, Advocate for

Respondents No.5, 8, 10 to 13, 15, 16, 18, 21 to 24 26 to 31,

33, 34, 37 to 42, 44, 46 to 50, 52 to 54, 56 to 59, 61, 62, 64 to

66, 71 to 73, 76 to 78, 80, 82 to 85, 90, 92 to 100, 102 to 107,

111 to 117 and 119 to 121.

Mr. Sajjan Singh, Advocate and Mr. Sandeep Kumar,

Advocate for respondent No.7.

Mr. J.S. Dahiya, Advocate for respondents No.17,

20, 25, 67 and 89.

Mr. Abhijeet Singh, Advocate for

Mr. Rajesh Lamba, Advocate for respondent No.35.

Mr. Manjeet Singh, Advocate for respondent No.36.

Mr. Anuj Malik, Advocate

For the respondents No. 68 and 79.

Mr. Abhimanyu Singh and Mr. Shiv Kumar Rana,

Advocates for respondent No.108.

MONIKA

2022.09.02 16:58

I attest to the accuracy and

integrity of this document

ARUN MONGA, J. (ORAL)

Petition herein inter alia is for issuance of a writ in the nature

of certiorari for quashing the result dated 4.10.2013 (Annexure P-5),as

well as, the final selection list vide which 278 posts for Female Supervisor

in the Woman and Child Development Department, Haryana have been

filled up pursuant to Advt. No. 01/2011 Cat. No. 3.

The facts of the case and the merits thereof need not be gone

into at this stage, since matter was earlier heard at length by Ajay Tewari

J.,(as he thenwas in this Court) and following order dated 17.02.2017was

passed:-

<Pursuant to the last order, affidavit of Smt. Shashi Doon,

Additional Director, Women and Child Development

Department on behalf of respondent No.3 has been filed.

As per the same, respondents No.4, 9, 17, 20, 25, 35, 36, 43,

45, 51, 55, 60, 67, 68, 74, 75, 81, 86, 87, 89 and 118 have

been duly informed about the next date of hearing, vide

memo. dated 3.2.2017.

Service is deemed to be complete.

Learned senior counsel for the petitioner points out that in

this selection of 2013, only the petitioner has sought relief

and as per his information, 3 candidates were debarred

from joining because their certificates were found to be

bogus and consequently there are three vacancies, and

states that in this view of the matter, the official

respondents can well be directed to consider the claim of

the petitioner.

Learned Addl. AG Haryana seeks a short adjournment.

Adjourned to 21.4.2017.=(Emphasis supplied).

Thereafter, matter has been pending in this Court for more

than 5 years. No doubt, during the intervening pandemic period, certain

delays were unavoidable. Regardless, even if two years are attributable to

pandemic, it is rather intriguing thatdepartment has still taken more than

three yearsto react to the aforesaid order.In the premise, I am left with no

choice but to draw an adverse inference and dispose of the petition with a

MONIKA

2022.09.02 16:58

I attest to the accuracy and

integrity of this document

direction to the respondents that, subject to availability of post as on

today, candidature of the petitioner be considered. In case, she is found

eligible and meritorious, she be accorded benefit thereof. However, it is

made clear that, in case, any favourable order is passed, for the period she

remained out of service, she will not be entitled to any monetary benefits

on the principle of 8no work no pay9. She shall be also be put on the

bottom of the seniority list, in the category she had originally applied.

Needful exercise be carried out within a period oftwo months

from the date peti