CIVIL WRIT PETITION NO.345 OF 2003 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 25, 2009 Surinder Singh and others .....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Ms. Alka Chatrath, Advocate, for the petitioners. Mr. Harish Rathee, Sr.DAG, Haryana for the State. Mr. Raman B. Garg, Advocate, for Parishad. **** RANJIT SINGH, J. The petitioners were appointed on 29.10.1999 on daily wages under the project sanctioned by the World Bank. The appointment was for 89 days or till the selection of regular candidates CIVIL WRIT PETITION NO.345 OF 2003 :{ 2 }: by the Selection Committee. The petitioners were appointed on different posts. They felt aggrieved on being relieved of their posts all of a sudden on 25/26.7.2001. It is stated that they were relieved on the basis of telephonic instructions received from respondent No.2. Subsequently, they were served with a termination order. Some of the similarly situated persons were allowed to continue. They statedly were even not eligible for appointment against the posts. An attempt was made by the respondents to appoint the persons on deputation, which was challenged by the petitioners by filing Civil Writ Petition No.11232 of 2001. In view of the stay granted by this Court, the petitioners were allowed to join duties. The writ petition filed by the petitioners was disposed of. Thereafter, it appears that some of the Teachers were relieved on completion of their terms, which was again challenged. This writ petition was also allowed on 30.10.2002. On 6.12.2002, an advertisement was issued in The Tribune, inviting applications on deputation for the posts, which were earlier held by the petitioners. The present writ petition is filed to impugn the said action of the respondents. Concededly, no interim order as prayed for, was granted in the present writ petition. The prayer made in the present writ petition is for issuance of a writ, order or direction for quashing the advertisement dated 6.12.2002 (Annexure P-10), vide which the applications were invited for appointment on deputation against the posts, which were earlier held by the petitioners. Earlier project was different than the Sarv Shiksha Abhiyan. Once no interim relief was granted in favour of the petitioners, the appointments on deputation CIVIL WRIT PETITION NO.345 OF 2003 :{ 3 }: has been made. The petitioners thereafter did not take any action to challenge the appointment of the persons who were appointed on deputation. In this background, no effective relief as claimed in the writ can be granted now. Faced with this situation, the counsel relies on a communication dated 3.7.2003 placed on record through Miscellaneous Application No.17349 of 2003. In this communication, District Project Coordinators, Hisar, Sirsa, Kaithal, Jind, Gurgaon, Bhiwani and Mahendergarh at Narnaul, were required to consider the adjustment of such staff working under District Primary Education Programme (DPEP) subject to following conditions:- “1. A written application in this regard is submitted by the employee. 2. Such employee fulfills the prescribed qualifications laid down for that post under SSA by the executive Committee of HPSPP. 3. Corresponding post is available under SSA. 4. The track record and work and conduct of such employee is certified to be good by the DPC/Branch Incharge/Controlling Officer concerned.” Counsel for the petitioners would say that the petitioners would be satisfied if the present writ petition is disposed of with a direction to the respondents to consider their claim against the posts, held by them respectively, if any, lying vacant in the new Project. It is the case of the petitioners that some such posts are still lying vacant. The writ petition, therefore, is disposed of with a direction to the respondents to consider the claim of the petitioners CIVIL WRIT PETITION NO.345 OF 2003 :{ 4 }: for adjustment in case they have submitted their applications pursuant to communication dated 3.7.2003 in the light of conditions contained therein and if any such posts are available. August 25, 2009 ( RANJIT SINGH ) khurmi JUDGE