CWP No.3575 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 02.03.2010 Ramotar and others Vs The State of Haryana and another CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Manoj Makkar, Advocate. Mr.RS Kundu, Addl. AG, Haryana. -- PERMOD KOHLI, J. (Oral): Notice of motion. On the asking of the Court, Mr. RS Kundu, Addl. AG, Haryana, accepts notice on behalf of the respondents. Requisite number of copies of the writ petition have been supplied to him today itself in Court by the learned counsel for the petitioner. With the consent of the learned counsel for the parties, this petition is being disposed of at the motion stage. The petitioners are aggrieved of the order dated 11.9.2009 (Annexure P-6) passed by the Financial Commissioner and Chief Secretary, Government of Haryana, Department of Industrial Training and Vocational Education, whereby the legal notice of the petitioners has been rejected without any reasons whatsoever. The petitioners were appointed as Stenographers/Hindi Teachers on contract basis in the month of November, 2006 for a period of six months or till the CWP No.3575 of 2010 2 regularly selected candidates are available. They also executed service agreement. On expiry of the period of contract their services were sought to be dispensed with. Some writ petitions were filed and the action of the respondents-State was set aside vide the judgment reported as 1998 (4) RSJ 708. For the same purpose, some more writ petitions were filed and the same were allowed by this Court. Reference is also made to such writ petitions. In another Civil Writ Petition No.5289 of 2007 (Ashok Kumar and others Vs. State of Haryana and others), the aggrieved Language Teachers who were engaged in the similar manner, a Division Bench of this Court vide order dated 24.1.2008, disposed of the writ petition on the basis of the undertaking of the government that the petitioners will be allowed to continue till regularly selected candidates are available. Now the respondents have issued a fresh advertisement Annexure P-8 for engagement of the teachers on contract basis. The petitioners served a legal notice claiming their continuance, however, the same has been disposed of in a casual manner vide the impugned order Annexure P-6 without recording any reasons or mentioning any grounds for ignoring the legal notice. Without going into the question raised in the writ petition, the impugned order is liable to be set aside on the simple ground of non application of mind. This petition is accordingly allowed. The impugned order dated 11.09.2009 (Annexure P-6) is hereby set aside and the matter is remitted back to the Financial Commissioner and CWP No.3575 of 2010 3 Chief Secretary Government of Haryana, Department of Industrial Training and Vocational Education, for passing a fresh speaking and well reasoned order on the legal notice served by the petitioners within a period of one month from the date a certified copy of this order is made available to the above said authority. If any selection is made in the meantime, the same shall remain subject to decision that may be taken on the legal notice of the petitioners. 02.03.2010 (PERMOD KOHLI) BLS JUDGE