IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1101 of 2009 Date of Decision:- 27.04.2010 Bhagwan Deen Yadav ....Petitioner(s) vs. Union of India and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Kamal Goyal, Advocate, for the petitioner. Mr.Ram Pal Verma, Advocate for Mr.Rajiv Sharma, Advocate, for respondent No.1. Mr.H.S.Sethi, Advocate, for respondents No.2 to 7. *** AUGUSTINE GEORGE MASIH, J. (Oral) Counsel for the petitioner contends that the petitioner was appointed after a due interview and selection process and, therefore, for all intents and purposes, he was working with the Chandigarh Administration. In support of this contention, counsel for the petitioner has placed reliance upon Annexures A-1 to A-3. He, on this basis, contends that the petitioner being an employee of the Chandigarh Administration would be allowed to continue as such and his transfer out of Government Medical College and Hospital, Sector 32, Chandigarh is not justified. On the other hand, counsel for respondents No.2 to 7 submits that the petitioner has not come to this Court with clean hands. As a matter of fact, the petitioner was appointed by Sanchi Security Company Private Limited which is the service provider. In support of this contention, he C.W.P.No.1101 of 2009 -2- relies upon the appointment letter dated 5.11.2001 (Annexure R/2-1). He further buttresses his submissions by relying upon the joining report (Annexure R-2/2) submitted by the petitioner on 6.11.2001 wherein again the petitioner has stated that he is joining as per the order passed by the Manager of Sanchi Security Service Provider Pvt. Limited and according to his own will, he wants to work in the District Mental Health Programme. Counsel accordingly submits that the petitioner was never an employee of the Chandigarh Administration but was an employee of the service provider. He further submits that the petitioner is now working under Good House Keeping (Regd.) which is the present service provider under a different project. In support of this contention, he relies upon Annexure R-2/3. As of now, the petitioner is deputed at Aashreya a Government Organisatiion taking care of mentally challenged children run by the Government Medical College and Hospital, Sector 32, Chandigarh. On the basis of these contentions, he submits that the present writ petition deserves to be dismissed. I have heard counsel for the parties and have gone through the records of the case. A perusal of the documents, Annexures R-2/1 and R- 2/3 leaves no manner of doubt that the petitioner was an employee of the service provider. Initially, he was working under Sanch Security Service Provider Private Limited and presently, he is working under Good House Keeping (Regd.), the present service provider. The petitioner, since February 2009, has been deputed at Aashreya a Government Organisation taking care of the mentally challenged children run by the Government Medical College and Hospital, Chandigarh. That being the position, the C.W.P.No.1101 of 2009 -3- contention of the petitioner that he is an employee of the Union Territory of Chandigarh/Chandigarh Administration, cannot be accepted. No replication has been filed by the petitioner contradicting the stand taken by the respondents in their written statement. In view of the above, finding no merit in the present writ petition, the same stands dismissed. April 27, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE