CWP-19825-2023 (O&M) 1 of 11 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210 CWP-19825-2023 (O&M) Date of decision: 03.07.2026 Ravinder Bhoker and another ...Petitioner(s) Vs. State of Haryana and others ...Respondent(s) CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Sunil K. Nehra, Senior Advocate with Mr. Viren Nehra, Advocate for the petitioners. Mr. Suneel Ranga, D.A.G., Haryana, for respondents No. 1, 3 and 4. Mr. R.N.Lohan, Advocate for respondents No. 6 and 7. *** NIDHI GUPTA, J. Present Civil Writ Petition under Article 226/227 of the Constitution of India has been filed by the petitioners for issuance of a writ in the nature of Mandamus directing the respondents not to replace the petitioners who are working as Tubewell Operator/Pump Operator in Village Diwana, District Panipat by another set of contractual employees; AND issuance of a writ in the nature of Mandamus directing the respondents to allow the petitioners to work on the post of Tubewell Operator/Pump Operator in Village Diwana, District Panipat till the regular selection is made by the Public Health Engineering Department. DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 2 of 11 2. It is inter alia submitted by learned Senior Counsel for the petitioners that the petitioner No. 1 Ravinder was appointed as a Pump Operator/Tubewell Operator on 10.02.2020 and is operating Tubewell No. 1 in Village Diwana, Tehsil and District Panipat, Haryana. Petitioner No. 2 was appointed as a Tubewell Operator/Pump Operator on 25.07.2016 at Tubewell No. 2 in Village Diwana, Tehsil and District Panipat, Haryana. It is submitted that the said tubewells have been installed by Public Health Engineering Department (hereinafter referred to as “PHED”) for supply of drinking water to the residents of village Diwana. Since the date of appointment, petitioners have been doing their duty with due care and devotion and there is no complaint against them. Petitioners are being paid consolidated salary at the DC rates. Both the petitioners were appointed by Junior Engineer, Public Health Engineering Department, Panipat on the recommendations of the Gram Panchayat, Village Diwana, after following the necessary procedure for their appointment. Even due Resolutions were passed by the Gram Panchayat, Village Diwana, District Panipat with regard to the appointment of the petitioners. 3. Learned Senior Counsel for the petitioners further submits that Government of Haryana has installed deep Tubewells in almost in all the villages in Haryana under the policy of World Health Organisation of United Nations for maintaining good and sound health of citizens through Public Health Department, Haryana. The Government of Haryana under a policy decision, has also provided that the DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 3 of 11 management and supervision of the said Tubewells installed for supply of drinking water in the villages, will be done by the concerned Gram Panchayats. The employees working on the aforesaid Tubewells are employed by the authorities of Public Health Department on the recommendations of the concerned Gram Panchayats and all the Tubewell Operators/Assistant Pump Operators are appointed by the authorities of the Public Health Department after obtaining the recommendations from the concerned Gram Panchayats. It is reiterated that the petitioners were appointed by the authorities of Public Health Department after following the due process and after obtaining the recommendations of Gram Panchayat of Village Diwana. Furthermore, the salary to the petitioners is being paid by the Public Health Department through the Sarpanch of the Village Diwana. Moreover, when the Panchayat is not in existence, then the salary to the petitioners is being paid by the Block Development and Panchayat Officer. 4. Learned Senior Counsel for the petitioners further submits that however, Sarpanch and Members of the Gram Panchayat have been misusing their powers and authorities. It is submitted that respondent No.7/Sarpanch, Gram Panchayat Village Diwana were holding personal grudge against the petitioners and had started harassing and humiliating them. Respondent No.7 has openly threatened to remove petitioners from post of Pump Operator/Tubewell Operator. Even though there are 3 Tubewell Operators in the Village Diwana, however only the petitioners have been singled out; and the third person, namely, DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 4 of 11 Manjeet has not been threatened with removal. Petitioners have submitted representations in this regard, however to no avail. As the petitioners are appointed as Tubewell Operators by the Gram Panchayat, Village Diwana with the approval of PHED, services of the petitioners could not have been terminated without approval from the official of the PHED. However, the same has not been obtained by respondent No.7. 5. Learned Senior Counsel for the petitioners also points out that a similar Writ Petition No. 37981 of 2018 has been filed by other similarly situated petitioners in which vide order dated 21.12.2018 (Annexure P-3), notice was issued and it was further directed that petitioners shall not be replaced by another set of contractual employees and that the respondents shall consider their case for regularization as per policy dated 01.10.2003 and 29.07.2011. 6. It is accordingly prayed that: - “I. Issue a writ in the nature of Mandamus directing the respondents not to replace the petitioners who are working as Tubewell Operator/Pump Operator in Village Diwana, District Panipat by another set of contractual employees. II. Issue a writ in the nature of Mandamus directing the respondents to allow the petitioners to work on the post of Tubewell Operator/Pump Operator in Village Diwana, District Panipat till the regular selection is made by the Public Health Engineering Department.” 7. Per contra, learned counsel for respondents No. 6 and 7/ Gram Panchayat and Sarpanch respectively; supported by learned State DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 5 of 11 Counsel representing respondents No.1, 3 and 4/State of Haryana and PHED respectively, vehemently oppose submissions made on behalf of the petitioners and submit that in actual fact, the present writ petition is utterly misconceived as petitioners have no right whatsoever. Petitioners have tried to mislead this Court by wrongly stating that they have been appointed by PHED on the sanctioned post after following due process. In fact, the petitioners have not been appointed by PHED and are not even contractual employees. There is no relationship of employer and employee between the petitioners and the respondents. Even no procedure was adopted at the time of retaining the petitioners as Tubewell Operators. In fact, the petitioners came to be retained as Tubewell Operators by the Gram Panchayat concerned only due to the fact that the real brother of the petitioner No.1 was the Sarpanch of the village at the relevant time. 8. Even further, serious and numerous complaints have been received against the petitioners as work and conduct of the petitioners is not satisfactory. Learned counsel refer to their respective written statements to substantiate their above said submissions; and to enumerate the complaints received against the petitioners. It is submitted that the petitioners are supposed to work for 8 hours in a day. They have to work for 4 hours for the Tubewell i.e. 2 hours in the Morning and 2 hours in the Evening and in the intermittent period of 4 hours they have to work as Mali-cum-Peon and the petitioner No. 1 was asked to work in the Govt. Primary School, Diwana from 10:00 A.M. to DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 6 of 11 02:00 P.M. and the petitioner No. 2 was asked to work in the Health Wellness Sub Centre, Diwana from 10:00 A.M. to 02:00 Ρ.Μ. by the Gram Panchayat by passing a Resolution dated 27.02.2023. However, the petitioners are not doing their duties in the said school as well as in the said centres and even are not operating the tubewell properly in time. Thus, the villagers are suffering for not operating the tubewell properly in time. The Head Teacher of Govt. Primary School, Diwana and Incharge of the Health Wellness Sub Centre, Diwana has informed the Sarpanch that the petitioners are not attending to their duties. Since the petitioners are not doing their duties in the respective schools and centres therefore, they are liable to be dis-engaged. Lastly, Petitioners were retained by the then Sarpanch only on daily wages. Salary is not being dispersed by the PHED. It is accordingly prayed that no right accrues to the petitioners and present Writ Petition deserves to be summarily dismissed. 9. No other argument is raised on behalf of learned counsel for the parties. I have heard ld. counsel and perused the case file in detail. I find no merit in the submissions advanced on behalf of the petitioners. 10. It has not been disputed by learned Senior Counsel for the petitioners that the petitioners have not been appointed against sanctioned posts; and that there is no appointment letter issued in their favour by the PHED. It has been repeatedly stated by learned Senior Counsel for the petitioners that petitioners were appointed after following proper procedure. On a direct Court query as to exactly what DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 7 of 11 was the procedure adopted while appointing the petitioners, learned Senior Counsel for the petitioners has conceded that the petitioners were appointed only through Resolution passed by the Gram Panchayat. Clearly therefore, petitioners were never appointed by PHED; and no proper procedure was adopted by the Gram Panchayat while retaining the petitioners as Tubewell Operators. Admittedly, brother of petitioner No.1 was Sarpanch at the time of their appointments. 11. Further, as per the own pleaded case of the petitioners, their salaries were paid through BDPO only when the Gram Panchayat is not in existence. Again, on a direct Court query, learned Senior Counsel for the petitioners has admitted that Gram Panchayat has been in existence, and petitioners have never received any salary through BDPO or PHED. 12. A further perusal of the record shows that respondents No.1, 3 and 4/State of Haryana and PHED have stated in their written statement that drinking water supply scheme was transferred by Public Health department to the concerned Gram Panchayat Village Diwana w.e.f. 1.06.2016 vide letter no. EIC, PHED Haryana memo no.17862- 17880 PHE/P-5 dated 13.10.2010 (Annexure R-1). The Gram Panchayat, Diwana through its Sarpanch vide Gram Panchayat Resolution no.2 dated 04.04.2016 (Annexure R-2) accepted the said scheme. It is clearly mentioned in sub para (xv) of para no.9 in the letter no.17862-17880 PHE/P-5 dated 13.10.2010 that “PHED would not engage any staff for the operation and maintenance of the drinking water supply schemes taken over by the Gram Panchayats under this proposal". In replication DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 8 of 11 thereto, the petitioners have not denied the above said assertions. Thus, the present CWP is not maintainable. 13. The respondents No. 6 and 7/ Gram Panchayat and Sarpanch respectively, Village Diwana in the preliminary objections in their written statement have categorically stated as follows: - “That the petitioners have not approached this Hon'ble Court with clean hands and have misled this Hon'ble Court stating that the petitioners were appointed after following due process of law and after following the necessary procedure for their appointment by Junior Engineer, Public Health Engineering Department, Panipat. The petitioners have also stated that there are three sanctioned posts of Tubewell Operator in village Diwana and the employee on the tubewells are employed by the authorities of Public Health Department on the recommendation of the Gram Panchayat and the petitioners were appointed by the authorities of Public Health Department. The above said contention of the petitioners are false and frivolous. There are neither any sanction post of Tubewell Operator, nor the petitioners were appointed after following the due procedure nor the petitioners were appointed by the Public Health Department. In fact the petitioners were engaged by the then Sarpanch of the respondent Gram Panchayat on the daily wages basis without following any due process of law. The petitioner No. 1 is the real brother of the then Sarpanch Sh. Devender Kumar and both of them were engaged by the then Sarpanch against unsanctioned post and the petitioners have no legitimate right to remain on the said post and therefore the writ petition is to be dismissed on this score alone.” DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 9 of 11 14. In replication thereto, the petitioners have stated as follows: - “1. That the contents of para No. 1 of the preliminary submissions/Objections are wrong and hence denied. The petitioners have levelled allegations of malafide against respondent No. 7 i.e. Surender, Sarpanch of the Village but a combined reply has been filed by respondent No. 6 and 7. No separate reply has been filed by respondent No. 7 and therefore, the allegation of malafide as levelled in the writ petition stands proved. Moreover, no resolution of the Gram Panchayat has been annexed authorizing the sarpanch against whom the allegations of malafide has been made to file reply in the present case on behalf of the Gram Panchayat also. Therefore, in the absence of resolution by the Gram Panchayat, the reply filed by Respondent No. 6 and 7 cannot be taken into consideration. That the petitioner No. 1 is working since 10.02.2020 and petitioner No. 2 is working since 25.07.2016. They were appointed after following due process on the recommendations of the Gram Panchayat. There are three sanctioned post of Tubewell Operators in Village Diwana.” 15. Clearly therefore, the petitioners have not categorically denied the above said averments made on behalf of respondents. As already noted above, it has been admitted by the petitioners that they were appointed only in pursuance to a Resolution passed by the Gram Panchayat, Village Diwana; that they have not received any letter of appointment from the PHED; petitioners have not produced anything on record to show that they are working against sanctioned posts; DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 10 of 11 undisputedly, their salaries are being disbursed by the Gram Panchayat, Village Diwana, and not by PHED. In fact, Petitioners have admitted in para 15 of the present Writ Petition that “It is also relevant to mention here that to the Tubewell Operators appointed in the Panchayats, no appointment letter is ever issued.” Thus, petitioners have failed to establish any vested right to continue. 16. As regards misconduct of the petitioners, the respondents in their respective written statements have categorically made mention of specific instances of complaints made by specific persons. The respondents No.2 and 5 in particular have enumerated detailed instances of misconduct of the petitioners, stating that the tubewells were not being properly operated by them, resulting in harassment to the villagers. It has also been alleged that petitioners also did not switch off the tubewell in time, which caused large-scale wastage of water. Consequently, the Gram Panchayat Village Diwana had passed a Resolution dated 2.5.2023 to the effect that work and conduct of the petitioners was not up to the mark. In response to the above, the petitioners have only made a perfunctory and general repudiation in their replication to paras 11 to 15 of the written statement of respondents no.6 and 7, which reads as under: - “11 to 15. That the contents of the para No. 11 to 15 of the written statement are wrong and hence denied. The averments made in the writ petition and the averments made in reply to the preliminary objections/submissions may be read as part and parcel of the reply to this para also.” DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document CWP-19825-2023 (O&M) 11 of 11 17. The petitioners have also alleged malafide and harassment against respondent No.7 but have failed to produce any complaint made by them in this regard against the said respondent. 18. Last but not the least, petitioners have relied upon the order dated 21.12.2018 (Annexure P-3), passed in similar CWP-37981-2018 titled as Ram Chander (now deceased) through his legal heirs and another vs. State of Haryana and others, stated to have been filed by other similarly situated petitioners. Vide said order dated 21.12.2018, notice was issued and it was further directed that petitioners shall not be replaced by another set of contractual employees and that the respondents shall consider their case for regularization as per policy dated 01.10.2003 and 29.07.2011. However, vide order dated 09.04.2024, the said CWP-37981-2018 has been dismissed by the Coordinate Bench with costs of Rs. 1 lac on each of the petitioners. It may, however, be noted that in the said case also the petitioners therein had admitted that they had been appointed as tubewell operators in pursuance to resolution passed by the concerned Gram Panchayat. Thus, even the said case is of no help to the petitioners. 19. Dismissed. 20. Pending application(s) if any also stand(s) disposed of. 03.07.2026 (NIDHI GUPTA) Divyanshi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DIVYANSHI 2026.07.07 10:52 I attest to the accuracy and integrity of this document