Civil Writ Petition No. 9955 of 2002 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 9955 of 2002 Date of Decision: 4.12.2008 Kashmira Singh …Petitioner Versus Haryana State Agricultural Marketing Board and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.K.Malik, Senior Advocate with Mr. Vishal Malik, Advocate for the petitioner. Mr. Jayander Singh Chandail, Additional Advocate General, Haryana, for respondent No.1 Mr. Narender Hooda, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present writ petition has been filed by Kashmira Singh, Junior Engineer, who is working in the office of the Executive Engineer, Haryana State Minor Irrigation & Tube-well Corporation (hereinafter referred to as “HSMITC”). He has filed the present writ petition with a prayer to issue a writ in the nature of mandamus to direct respondent No.1 to absorb him on permanent basis from the date his juniors have been absorbed and further directions was also sought to be issued that his services be not terminated till the issuance of regular absorption Civil Writ Petition No. 9955 of 2002 2 letter. The present writ petition was preferred on 3.7.2002. Notice of motion was issued by this Court on 5.7.2002 and it was ordered that status quo regarding the service of petitioner as on that day be maintained. The petitioner was appointed as Junior Engineer in HSMITC on 23.10.1978. A letter (Annexure P1) dated 19.5.1998 was issued by the Haryana State Agricultural Marketing Board (hereinafter referred to as “the Board”) that 16 persons on basis of selection have been appointed in the Board as Junior Engineer by way of deputation. Thereafter, the Board came forward with a circular that those employees who have been appointed by way of deputation due to regular selection process can be permanently absorbed if they give their consent in a specified proforma. The petitioner, vide Annexure P2, on 21.1.2000 gave his consent. After the consent was given, the Executive Engineer of the Board, vide Annexure P3, recommended absorption of the petitioner in the Board. A request of the petitioner was sent by the Board to the Managing Director of HSMITC to give “No Objection Certificate” along with resume of Annual Confidential Reports. On 12.7.2001, Personnel Officer-I for Managing Director, HSMITC, received a reply that resume of Annual Confidential Reports have already been sent and no disciplinary case is pending against the petitioner. However, No Objection Certificate was not issued by HSMITC. In July 2002 HSMITC issued a communication to the employees that since the respondent- Corporation has been closed, therefore, its employees are to be retrenched. Civil Writ Petition No. 9955 of 2002 3 At this stage, Mr. Hooda appearing for HSMITC states that for the first time on 18.4.2002, Board of Directors passed a a resolution to close down the Corporation, therefore, he has stated that since No Objection Certificate was not issued, 18.4.2002 will be the material date as on that the employees were to be absorbed in the different departments, according to their pre-existing seniority. This argument of Mr.Hooda cannot be accepted in view of the peculiar facts and circumstances of the case. Since the petitioner, earlier by way of selection, was appointed on deputation with the Board and a decision had already been taken by the Board to absorb the petitioner in the Agricultural Department, therefore, a benefit which accrued to the petitioner cannot be denied because a year later HSMITC had decided to close down and during the interregnum period, No Objection Certificate could not be issued. Therefore. The objection raised by HSMIC cannot be sustained in peculiar facts and circumstances of the case. Therefore, this petition is allowed. Petitioner shall be absorbed in the Board according to terms & conditions enforced by the Board. (Kanwaljit Singh Ahluwalia) Judge December 4, 2008 “DK”