SMT. SUSHILA & ORS versus DIRECTOR HEALTH SERVICES HARYANA AND OTH

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Sushila & Ors v. Director Health Services Haryana and oth - CWP-6938-2006 [2006] RD-P&H 2654 (27 April 2006)

In the High Court of Punjab and Haryana, Chandigarh

C.W.P. No. 6938 of 2006

Date of Decision: 05.05.2006

Smt. Sushila and others ...Petitioners

Versus

Director Health Services Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE M.M.S. BEDI

PRESENT: Mr. R.A. Sheoran, Advocate,

for the petitioners.

JUDGMENT

M.M. KUMAR, J. (Oral)

It is admitted position that the petitioners were inducted in service as ANM under the Re-productive and Child Health Programme Scheme on 20.10.2005 and 28.10.2005. Their services have been terminated on 18.1.2006. Some of the persons who were working on the post of ANM filed C.W.P. No. 1902 of 2006 and this Court had stayed the operation of the termination order qua those persons. However, such like order cannot no longer be passed because once the petitioners are employed on 89 days basis and their services have been terminated in accordance with the terms and conditions of the contract employment then according to the Constitution Bench judgment of the Hon'ble Supreme Court no mandamus can be issued by this Court for extending the period of employment. The aforementioned view has been taken by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka & others v. Umadevi & others, JT 2006(4) SC 420. Therefore, no illegality could be found in the impugned order.

For the reason aforementioned, this petition fails and the same is dismissed.

(M.M. KUMAR)

JUDGE

(M.M.S. BEDI)

May 5, 2006 JUDGE

Pkapoor

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