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High Court of Punjab and Haryana · body

2019 DAILYLAW 3741 (PNJ)

ABHISHEK AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/27608/2019 · 2026-02-13

Harpreet Singh Brar

Special Leave Petitionbody2019

Judgment text

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CWP-27608 IN TH 204 Abhishek and State of Hary CORAM: Present : HARPREET 1. Constitution mandamus appointment order passed dated 26.11.2 the nature o appointment 1 608-2019 (O&M) N THE HIGH COURT OF PUNJA AT CHANDIGA CWP Date o ek and others VERSUS Haryana and others HON'BLE MR. JUSTICE HA Mr. G.S. Gopera, Advocate for th Mr. Piyush Khanna, Addl. AG, Mr. Hitesh Pandit, Advocate for REET SINGH BRAR, J. (Oral) The present petition has been fil tution of India praying for issuance us directing the respondents to main tment of Contractual Shift Attendan passed by the Hon’ble Apex Court i 6.11.2018 (Annexure P-1). Further p ture of certiorari for quashing the tment of Shift Attendants dated 01.07. NJAB AND HARYANA DIGARH CWP-27608-2019 (O&M) Date of Decision: February 13, 2026 ....Petitioner SUS ...Responden HARPREET SINGH BRAR e for the petitioners. AG, Haryana. ate for respondent No.2. een filed under Article 226/227 of the suance of a writ in the nature of maintain the status quo in terms of endants in pursuance of the interim ourt in SLP(Civil) No.031566/2018 ther praying for issuance of a writ in g the notification of termination/re 01.07.2019 (Annexure P-2 colly) and 2026 ioners ondents of the re of ms of terim /2018 rit in on/re- y) and PUNEET CHAWLA 2026.02.19 18:21 I attest to the accuracy and integrity of this document CWP-27608 notifications dated 03.07.2 2. petitioners w 2008. It is co services of t came to be thereto, some new arrange However, the have been co counsel furth (Security of S and uninterru entitled to the 3. is unable to fairly submit considered b provisions co Service) Act, 2 608-2019 (O&M) ations dated 02.07.2019 (Annexure P 3.07.2019 (Annexure P-4). Learned counsel for the petition ers were initially appointed by the It is contended that, all of a sudden, s of the petitioners were shifted and to be substituted through another ou , some of the petitioners joined their rrangement, while others joined af er, there is no dispute with regard to een continuing in service without an l further places reliance upon Ha of Service) Act, 2024, and submits interrupted service rendered by the to the protection and benefits envisag Learned counsel appearing on b ble to controvert the applicability of ubmitted that the case of the petition ered by the competent authority st ons contained in the Haryana Contr Act, 2024. It is further submitted th ure P-3 colly) and also the notification etitioners, inter alia, submits that the y the respondent-Nigam in the year dden, in the month of July 2019, the ed and their contractual engagement her outsourcing agency. Consequent d their duties immediately under the ed after a short interval of time. ard to the fact that all the petitioners out any break in continuity. Learned Haryana Contractual Employees ubmits that in view of the continuous y the petitioners, they are squarely nvisaged under the aforesaid Act. g on behalf of the respondent-Nigam lity of the aforesaid enactment. It is etitioners shall be duly examined and ity strictly in accordance with the ontractual Employees (Security of tted that an appropriate decision shall cation at the year 9, the ement quent er the time. ioners arned yees nuous uarely igam . It is d and th the y of shall PUNEET CHAWLA 2026.02.19 18:21 I attest to the accuracy and integrity of this document CWP-27608 be taken aft statute. 4. expressing an present pet respondent(s) service rende Haryana Co competent au accordance w four weeks 5. stand dispose February 13 P.C 3 608-2019 (O&M) en after assessing the eligibility of In view of the submissions m sing any opinion on the merits of th t petition stands disposed of dent(s)/competent authority to comp rendered by the petitioners for all re Contractual Employees (Security tent authority shall thereafter pass a r ance with law. The aforesaid exercise from the date of receipt of a certif All pending miscellaneous ap isposed of in view of the final disposa 13, 2026 Whether speaking/reasone Whether Reportable. : ty of the petitioners under the said ions made hereinabove and without of the claim of the petitioners, the of with a direction to the compute and count the length of all relevant purposes in terms of the urity of Service) Act, 2024. The ass a reasoned and speaking order in ercise be completed within a period of a certified copy of this order. us application(s), if any, shall also isposal of the present petition. (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No e said ithout s, the the th of of the . The der in iod of l also RAR) PUNEET CHAWLA 2026.02.19 18:21 I attest to the accuracy and integrity of this document