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2025 DAILYLAW 85567 (PNJ)

PHOOLWATI v. PANKAJ GOEL AND ANR

COCP/3190/2024 · 2025-08-07

Nidhi Gupta

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 102+210 Phoolwati Sh. Pankaj Goel, IFS, Principal Chief Conservator of Forest, Forest Department, Haryana, Panchkula and another CORAM: Present:- NIDHI GUPTA J. (Oral) CM-19029 of Award dated 29.11.2017 and Seniority List Ex.P learned Labour Court as Annexures P and the copies of Award dated 29.11.2017 and Seniority List Ex.P before the learned Labour Court are taken on record as Annexures P 10 and P- COCP-3190 proceedings COCP-3190-2024 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-19029-CII- COCP No.3190 of 2024 Date of decision : Phoolwati Versus Sh. Pankaj Goel, IFS, Principal Chief Conservator of Forest, Forest Department, Haryana, Panchkula and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Chander Pal Tiwana, Advocate with Ms. Swati Tiwana, Advocate for the petitioner. Mr. Priyavrat Parashar, AAG, Haryana NIDHI GUPTA J. (Oral) 19029-CII-2024 Prayer in this application is for placing on record copies of Award dated 29.11.2017 and Seniority List Ex.P rned Labour Court as Annexures P-10 and P The application is allowed subject to all just exceptions and the copies of Award dated 29.11.2017 and Seniority List Ex.P before the learned Labour Court are taken on record as Annexures P -11 respectively. 3190-2024 Learned counsel for the petitioner submits that proceedings be initiated against the respondent 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -2024 in/and 3190 of 2024 (O & M) Date of decision :-07.08.2025 …..Petitioner Sh. Pankaj Goel, IFS, Principal Chief Conservator of Forest, Forest Department, Haryana, Panchkula and another …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Chander Pal Tiwana, Advocate with Ms. Swati Tiwana, Advocate Mr. Priyavrat Parashar, AAG, Haryana. Prayer in this application is for placing on record copies of Award dated 29.11.2017 and Seniority List Ex.P-5 before the 10 and P-11 respectively. The application is allowed subject to all just exceptions and the copies of Award dated 29.11.2017 and Seniority List Ex.P-5 before the learned Labour Court are taken on record as Annexures P- Learned counsel for the petitioner submits that contempt against the respondent(s) for not complying VIJAY ASIJA 2025.08.08 18.20 I attest to the accuracy and integrity of this document the order dated Bench of this Court in State of Haryana and others”, which was disposed of in terms of order dated 13.3.2024 (Annexure P Bench in CWP No.2158 following direction wa necessary compliance has been made No.92 dated 01.10.2024 by the respondent survives in the present petition. COCP-3190-2024 (O & M) the order dated 20.3.2024 (Annexure P- Bench of this Court in CWP-11741-2019 State of Haryana and others”, which was disposed of in terms of order dated 13.3.2024 (Annexure P-6) passed by the same co Bench in CWP No.2158-2020 alongwith connected cases following direction was given as under :- “xxx xxx xxx 39. The Respondent examine each and every case of petitioners in terms of the directions given herein before and pass appropriate speaking order. In case, the respondent-State is of the view that does not qualify any condition of the applicable regularization policy, the respondent pass order giving details as to how the petitioner does not qualify the applicable condition in terms of the regularization policy under whic petitioner raised his/her claim. In case it is found that there is no difference between the petitioner and his/her junior whose services had been regularized prior in time, the respondent shall pass an order fixing the date regularizing the services of such petitioner in terms of the directions given herein before i.e. from the date services of the employee junior to the petitioner were regularized. xxx xxx xxx” Learned counsel for the respondent necessary compliance has been made, while passing a Speaking Order No.92 dated 01.10.2024 by the respondent survives in the present petition. 2 -7) passed by a co-ordinate 2019 titled as “Phoolwati vs. State of Haryana and others”, which was disposed of in terms of 6) passed by the same co-ordinate 2020 alongwith connected cases, whereby The Respondent-State is hereby directed to examine each and every case of petitioners in terms of the directions given herein before and pass appropriate speaking order. In case, the State is of the view that any petitioner does not qualify any condition of the applicable regularization policy, the respondent-State shall pass order giving details as to how the petitioner does not qualify the applicable condition in terms of the regularization policy under which the petitioner raised his/her claim. In case it is found that there is no difference between the petitioner and his/her junior whose services had been regularized prior in time, the respondent shall pass an order fixing the date regularizing the of such petitioner in terms of the directions given herein before i.e. from the date services of the employee junior to the petitioner Learned counsel for the respondent-State submits that , while passing a Speaking Order No.92 dated 01.10.2024 by the respondent-authority; thus, no cause VIJAY ASIJA 2025.08.08 18.20 I attest to the accuracy and integrity of this document 01.10.2024 produced by the learned counsel for the respondent is taken on record. Copy thereof is supplied to learn petitioner the paper- passed in the present petition, the same aforesaid Speaking Order as per law. August 07 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-3190-2024 (O & M) Copy of the aforesaid Speaking Order No.92 dated 01.10.2024 produced by the learned counsel for the respondent aken on record. Copy thereof is supplied to learn petitioner. Registry to tag/paginate the same at appropriate place in -book. In view of the above, no further orders are required to be passed in the present petition, the same is The petitioner would be at liberty to challenge the aforesaid Speaking Order as per law. Rule stands discharged. Pending application(s), if any, shall stands disposed of. 7, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 Copy of the aforesaid Speaking Order No.92 dated 01.10.2024 produced by the learned counsel for the respondent-State aken on record. Copy thereof is supplied to learned counsel for the . Registry to tag/paginate the same at appropriate place in In view of the above, no further orders are required to be is disposed of accordingly. The petitioner would be at liberty to challenge the Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.08 18.20 I attest to the accuracy and integrity of this document