In COCP No.1404 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.10795-CII of 2010 in COCP No.1404 of 2009 Date of Decision: 28.7.2010 Ram Mehar .....Petitioner Versus Sandeep Garg and another ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri RVS Chugh, Advocate, for the petitioner. Shri Aman Chaudhary, Additional AG, Haryana. Hemant Gupta, J. (Oral) The grievance of the petitioner in the present petition is that the order dated 18.9.2008 passed by this Court has been violated by the respondents. The petitioner was appointed on the post of Instructor in the Industrial Training Institute, Rohtak, on contract basis. In CWP No. 16632 of 2008, the grievance of the petitioner was that the respondents should not be allowed to replace a contractual employee such as the petitioner with another contractual employee. In the said writ petition, the following order was passed by this Court on 18.9.2008:- “Notice of motion for 8.12.2008. In COCP No.1404 of 2009 [2] Status-quo with regard to service of the petitioner shall be maintained till the next date of hearing.” It has further come on record that the petitioner was relieved from his services on 28.7.2009 due to closing of the third shift. The petitioner filed COCP No. 1404 of 2009. The said contempt petition was disposed of by this Court on 21.1.2010, with the following order:- “Prayer in this petition is to punish the respondents for violation of the order dated 18.9.2008, passed in CWP No.16632 of 2008. On 18.9.2008, a Division Bench of this Court passed the following order:- ““Notice of motion for 8.12.2008. Status-quo with regard to service of the petitioner shall be maintained till the next date of hearing.” Counsel for the petitioner submits that despite this order, he has been relieved from his service. Counsel for the State of Haryana, on instructions from Mr. Sandeep Garg, Director Industrial Training Institute Department, Haryana, submits that the service of the petitioner was dispensed with as the third shift was wound up. Mr. Sandeep Garg fairly concedes that in view of the order of status-quo dated 18.9.2008, the services of the petitioner could not have been dispensed with and, therefore, this inadvertent error would be rectified and the petitioner would be restored to his service within a week from today and all back wages would be paid for this period. In view of the statement made by Mr. Sandeep Garg, the present petition has been rendered infructuous, with liberty, however, to file an appropriate application in CWP No. 16632 of In COCP No.1404 of 2009 [3] 2008 bringing to the notice of the court that the third shift stands abolished. Rule discharged. The petition stands disposed of accordingly.” Subsequently, the writ petition filed by the petitioner was disposed of on 23.3.2010, when the following order was passed:- “In view of the above circumstances, this petition is disposed of with a direction to the respondents not to replace the petitioner by a similar temporarily arrangement except for unsatisfactory service or if, his services are not needed. However, respondents are at liberty to fill up the post on regular basis. In that eventuality the petitioner will make way for the regular appointees.” It has been pointed out by the learned counsel for the petitioner that though the petitioner was a Motor Mechanic Instructor, but he has been assigned duties of Tractor Mechanic Instructor and in place of the petitioner one Jai Bhagwan has been adjusted. Thus, the orders passed by this Court on 18.9.2008 and 21.1.2010 have been violated. In an additional affidavit filed by the Principal, Industrial Training Institute, Rohtak dated 27.5.2010, it has been pointed out that six regular Motor Mechanic Instrutors are surplus in the Department. Ranbir Singh, regular Truck Mechanic Instructor, has been shifted to Centre of Excellence due to closure of one unit of trade of Tractor Mechanic in Craftsman Training Scheme. It has been further pointed out that the third shift of Tractor Mechanic Trade was closed in July, 2008 and one Shri Jai Bhagwan was adjusted in place of Shri Ranbir Singh. The vacancy arising due to transfer of Shri Jai Bhagwan was filled up by Regular Motor Mechanic Instructor from Gohana who was amongst the 7 regular surplus In COCP No.1404 of 2009 [4] Motor Mechanic Instructors and after his adjustment, as of now there are 6 regular Motor Mechanic Instructors surplus in the department. It is further pointed out that there is no vacant post of Motor Mechanic Instructor at ITI, Rohtak as well as in Haryana State. The petitioner was appointed purely on contractual basis in third shift scheme, which has already been closed and the Department is unable to permit the petitioner to continue in service as Motor Mechanic Instructor. The direction of this Court was that the petitioner should not be replaced by any other contractual employee. If the Department has surplus regular employees, the dispensing with or even termination of the contractual services of the petitioner, cannot be said to be in violation of the orders passed by this Court. In view of the above, no case is made out either for revival of the contempt petition or for initiating contempt proceedings. Dismissed. [HEMANT GUPTA ] JUDGE 28.7.2010 ds