SANGEETA RANI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is seeking quashing of order dated 29.07.2002 (Annexure P-6) by which she has been ordered to be retrenched after serving 16 years with respondent No.2-Haryana Rajya Sainik Board-cumDefence & Security Relief Fund and Managing Committee, Sainik Privar Bhawan (for brevity 'the Board') on regular basis.

(2.) Petitioner was appointed as Warden on 02.06.1986, vide appointment letter dated 02.06.1986 (Annexure P-1) and her services were regularized w.e.f. 30.09.1988. Perusal of order dated 29.07.2002 (Annexure P-6) shows that the decision was taken due to discontinuation of the hostel facilities for girls at ITC, Sainik Parivar Bhavan, Rewari from the session 2002-2003. There was no need to employ the petitioner as she has become surplus in the establishment. She has been given one month's salary in lieu of the notice and amount of retrenchment compensation. The following three instructors who have been adjusted on stop gap arrangement as Hostel Superintendents, vide letter dated 14.09.1999 (Annexure P-3): -

(3.) One Harish Chander, who was appointed as Instructor Shorthand English on 07.07.1995 was also adjusted as Hostel Superintendent for stop gap arrangement as per the pay bill (Annexure P-4). Kubir Singh Mann (respondent No.3), after attaining the age of superannuation, had been appointed as Hostel Superintendent on daily wages w.e.f. 01.05.2002 to 28.05.2002 as per pay bill (Annexure P-5). The petitioner has been ordered to be retrenched on 29.07.2002, vide order (Annexure P-6). The said order retrenching the petitioner w.e.f. 29.07.2002 cannot be justified only on account of closer of the hostel facilities for girls at ITC, Sainik Parivar Bhavan, Rewari. The department has been unfair as per Annexures P-3 and P-4, by which a number of employees, who have been adjusted on ad-hoc basis as Hostel Superintendents, whereas they were working as Instructor Handloom, Instructor Hosiery, Instructor Steno Hindi and Instructor Shorthand English. Respondent No.3, after his retirement, has been appointed on contract basis as hostel superintendent.