Tahir Hussain and Others vs State of Haryana and Others

Ranjit Singh J.—The Petitioners have approached this Court to seek writ of certiorari for quashing order dated 31.03.2010, whereby the Petitioners have been relieved from their post though the work still subsists. In support, the counsel has made extensive reference to Annexure P-9, which is a communication addressed by the Civil Surgeon that the services of the Petitioners are needed for efficient functioning in District Mewat. The grievance is that the Petitioners have been relieved without making any regular appointment on the post, where there still is a need for the job.

The Petitioners could have been continued, if so required by the department. They are not seen to have a legal right to agitate quashing of the order whereby they have been relieved. The counsel submits that the case of the Petitioners would require to be considered in the background that they had been working for a period of nearly 2 years and if the Government decides to make fresh appointment, the case of consideration of the appointment is made out.

The Petitioners certainly would have a cause in this regard of their prayer. The present writ petition, therefore, is disposed of with the direction that as and when the State decides to make fresh appointment on contractual basis, the case of the Petitioners should be considered in the background that they had already been in the employment of the Respondents and accordingly, there may be a need to give some preference to their claim.

The present writ petition is, accordingly, disposed of.