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2026 DAILYLAW 30023 (PNJ)

NISHA NANDAL v. STATE OF HARYANA AND OTHERS

CWP/14189/2026 · 2026-07-15

Harpreet Singh Brar

body2026

Judgment text

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1 CWP-14189-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 114 CWP-14189-2026 Date of Decision: 15.07.2026 NISHA NANDAL ....Petitioner VERSUS STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Jawahar Lal Goyal, Advocate and Ms. Shallu Aggarwal, Advocate for the petitioner. Mr. Rahul Dev Singh, Addl. AG Haryana. **** HARPREET SINGH BRAR , J. (Oral) 1. This Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India seeking the issuance of an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing the respondents to adjust/deploy the petitioner through the Haryana Kaushal Rozgar Nigam (HKRN) against the vacant post of TGT Sanskrit at Government Senior Secondary School, Meham (School Code 2749), District Rohtak, or against any other available vacant post in District Rohtak, in PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment. 2 CWP-14189-2026 terms of the letters dated 28.04.2025 (Annexure P-7) and 01.12.2025 (Annexure P-11), along with all consequential service benefits. 2. Learned counsel for the petitioner, inter alia, contends that the petitioner was deployed as TGT Sanskrit through the Haryana Kaushal Rozgar Nigam Limited (HKRNL) vide Deployment Offer Letter dated 30.11.2022 (Annexure P-1) and joined her place of posting at Government Senior Secondary School, Kiloi, District Rohtak on 01.12.2022 (Annexure P-2). The deployment was initially for the period commencing from the date of joining till 31.07.2025, or earlier, depending upon the administrative requirement. It is submitted that the petitioner discharged her duties diligently and there was no complaint whatsoever regarding her performance. 2.1. Learned counsel further submits that on 28.12.2024, upon the joining of a regularly promoted TGT Sanskrit, namely Ms. Sumitra Devi, at the same school, the petitioner was relieved from service vide order (Annexure P-5) solely on account of the availability of a regular incumbent and not on account of any misconduct, inefficiency or termination of his contractual engagement. 2.2 It is further contended that the Director General, Elementary Education, Haryana, issued letters dated 28.04.2025 (Annexure P-7) and PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment. 3 CWP-14189-2026 13.06.2025 (Annexure P-8), whereby the contractual period of surplus TGTs deployed through HKRNL was extended and all District Elementary Education Officers were directed to adjust such surplus contractual TGTs against available vacancies, preferably in the same school from where they had been relieved, or otherwise against any available vacancy within the district. It is submitted that the petitioner squarely falls within the ambit of the aforesaid policy instructions and is entitled to adjustment accordingly. 2.3. He further argues that in view of the availability of a vacant post of TGT Sanskrit at Government Senior Secondary School, Meham, District Rohtak, the petitioner submitted a detailed representation dated 16.10.2025 (Annexure P-9) seeking adjustment against the said vacancy. The said representation was duly forwarded by the District Elementary Education Officer, Rohtak, to the Directorate vide communication dated 17.10.2025 (Annexure P-10). Thereafter, the Directorate itself, vide letter dated 01.12.2025 (Annexure P-11), forwarded the petitioner's case to the General Manager, HKRNL, with a direction to consider her rejoining/adjustment. Despite the said recommendation and direction, no decision has been taken by the respondents till date. 2.4. It is also contended that the action of the respondents is arbitrary inasmuch as the HKRNL portal incorrectly reflects the petitioner's PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment. 4 CWP-14189-2026 status as "terminated" with effect from 31.03.2025, although no termination order has ever been issued to her and she was merely relieved due to the joining of a regular incumbent. The erroneous entry has seriously prejudiced the petitioner's right to be considered for adjustment in terms of the Government policy. 2.5. Learned counsel lastly contends that the respondents have acted in a discriminatory manner, as similarly situated surplus contractual TGTs deployed through HKRNL, including Ms. Meenakshi (TGT Mathematics) and Ms. Shalu (TGT Social Studies), have already been adjusted against available vacancies in District Rohtak, whereas the petitioner's claim has been ignored without any justifiable reason. It is thus argued that the inaction of the respondents is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India, and deserves to be set aside with a direction to the respondents to adjust/deploy the petitioner against the vacant post of TGT Sanskrit at Government Senior Secondary School, Meham, District Rohtak, or against any other available vacant post in the district, along with all consequential benefits. 2.6. Learned counsel for the petitioner has limited his prayer to the extent that the present petition be treated as a comprehensive representation PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment. 5 CWP-14189-2026 and the same be decided in a time bound manner by passing a speaking order after affording the petitioner an opportunity of being heard. 3. Upon advance notice, learned State counsel appears on behalf of the respondents and files a short reply on behalf of respondents No.4 and 5, which is taken on record. The Registry is directed to tag the same at the appropriate place on the file. Learned State counsel submits that the status of the petitioner on the HKRNL portal is presently shown as "inactive" on account of her termination with effect from 31.03.2025, pursuant to a request raised by the concerned department after the joining of a regular incumbent against the post occupied by the petitioner, which request was duly processed and approved by HKRNL. He, however, submits that in response to the request received from the Department of Elementary Education, Haryana, seeking consideration of the petitioner's rejoining, HKRNL had already communicated vide letter dated 09.06.2026 (Annexure R-1) that the Department of Elementary Education, Haryana, Shiksha Sadan, Sector-5, Panchkula (respondent No.2) is required to raise a fresh requisition on the HKRNL portal for facilitating the petitioner's rejoining in accordance with the applicable policy. It is further submitted that HKRNL cannot, on its own, deploy the petitioner in the absence of a requisition from the requisitioning department. PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment. 6 CWP-14189-2026 3.1. Learned State counsel further points out that respondent No.2 has itself issued letters dated 28.04.2025, 13.06.2025 and 01.12.2025 (Annexures P-7, P-8 and P-11) regarding extension of the contractual engagement of TGT Teachers appointed through HKRNL and their adjustment against available vacancies. 4. In view of the submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the competent authority/respondents to treat the present writ petition as a comprehensive representation and to consider the claim of the petitioner in the light of the cases of similarly situated surplus TGT Teachers, namely Ms. Meenakshi (TGT Mathematics) and Ms. Shalu (TGT Social Studies), who have already been adjusted in District Rohtak. A reasoned and speaking order shall be passed after affording the petitioner an opportunity of hearing within a period of three months from the date of receipt of a certified copy of this order. 5. It is further clarified that, in the event the petitioner's claim is found to be favourable and is accepted, respondents No.2 and 3 shall raise the requisition on the HKRNL portal within a period of two weeks thereafter, in terms of the communication issued by HKRNL vide Memo No.10634 dated 09.06.2026 (Annexure R-1). Upon receipt of such PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment. 7 CWP-14189-2026 requisition, respondents No.4 and 5, namely HKRNL, shall issue the deployment letter to the petitioner forthwith in accordance with the applicable policy. 6. The decision so taken shall be duly communicated to the petitioner. 7. The writ petition stands disposed of in the above terms. 8. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARPREET SINGH BRAR) JUDGE 15.07.2026 parul verma Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No PARUL VERMA 2026.07.16 14:57 I attest to the accuracy and authenticity of this order/judgment.