205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-476-2023 (O&M)

Date of decision: 28.01.2026 MANISHA ..Petitioner Versus VIRAT AND ANOTHER ..Respondent CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Rahul Gautam, Advocate for the petitioner.

Mr. Harish Nain, AAG, Haryana.

SUDEEPTI SHARMA , J. (Oral)

1. The contempt petition has been filed for deliberate and intentional disobedience of order dated 31.08.2022 passed in CWP-26326-

2013, whereby, the following order was passed:-

“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 that department has still taken more than three years to 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 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 ‘no work no pay’. 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 of two months from the date petitioner approaches the competent authority with copy of the instant order.

Webprint of the court order shall suffice.

Disposed of accordingly.”

2. A bare reading of above referred to order shows that respondents were directed to consider the candidature of the petitioner subject to availability of post as on the date of decision by this Court on 31.08.2022. The petitioner has placed on record speaking order dated 02.02.2023 along with the present contempt petition as Annexure P-5, which is compliance of order dated 31.08.2022 passed in CWP-26326-2013.

3. The Coordinate Bench of this Court on 10.04.2023, passed the following order:-

“The petitioner alleges violation of the order dated

31.08.2022, which reads as under:-

“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 then was in this Court)

and following order dated 17.02.2017 was 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 y