The High Court
Case Details
CWP-26 atters 26425-2021 and connected matters 1 N THE HIGH COURT OF PUNJA IN TH AT CHANDIGA DIGARH NJAB AND HARYANA 258(5cases) ases) Date of 2025 ate of Decision: November 17, 2025 1. CWP-26425-2021 Satvir Singh Singh and others State of Hary f Haryana and others SUS VERSUS .....Petitioner ioners ...Responden ondents 2. CWP-19841-2022 Dalbir Singh Singh and another State of Hary Haryana and others SUS VERSUS .....Petitioner ioners ...Responden ondents 3. CWP-16580-2022 Dharampal an pal and another State of Hary f Haryana and others SUS VERSUS .....Petitioner ioners ...Responden ondents 4. CWP-17331-2022 Om Parkash a rkash and others State of Hary f Haryana and others SUS VERSUS .....Petitioner ioners ...Responden ondents PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document CWP-26 atters 26425-2021 and connected matters 2 5. CWP-7987-2023 Bhoop Singh Singh and others State of Hary f Haryana and others SUS VERSUS .....Petitioner ioners ...Responden ondents CORAM:
Legal Reasoning
HON'BLE MR. JUSTICE HA HARPREET SINGH BRAR Present : Mr. Surinder Duhan and Mr. petitioner(s) in CWP-26425-202 2021. es for Mr. B.S. Beniwal, Advocates for Mr. P.K. Ganga, Advocate for 2022. 7331- te for the petitioner in CWP-17331 Ms. Harpreet Kaur, Advocate fo the petitioner(s) in CWP-19841 te for cate for Mr. S.S. Sahu, Advocate for 9841-2022. Mr. Arun Singla, AAG, Haryana aryana. Mr. Deepak Balyan with Mr. V respondent(s)-SUGARFED in al D in all cases. es for Mr. Vicky Chauhan, Advocates for Mr. Jagdeep S. Rana, Mr. Arv Singh, Advocates for respondent endra r. Arvind Bangar and Mr.Lokendra ondent No.6 in CWP-26425-2021. HARPREET REET SINGH BRAR, J. (Oral) 1. This order of mine shall dispos tioned dispose of all five above-mentioned writ petitions titions. With the consent of the parties ty, the parties and for the sake of brevity, the facts are take re taken from CWP-17331-2022. 2. The present civil writ petition rticles ition(s) has been filed under Articles 226 of the C he Constitution of India for issuan ure of issuance of a writ in the nature of mandamus directing the respondent No.2 to ioners o.2 to adjust/appoint the petitioners w.e.f. 28.11. 28.11.2025 i.e. the date when simi f the similar situated employees of the erstwhile Bu ile Buna Cooperative Sugar Mills ed in Mills were adjusted/appointed in compliance o ance of this Court order dated 28.01 837- 28.01.2015 passed in CWP-17837 PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document CWP-26 atters 26425-2021 and connected matters 3 2006, Bhim S him Sain and others Vs. State of Ha tment f Haryana and others (Adjustment of Ex. Empl Employees of erstwhile Buna Coope ad of Cooperative Sugar Mills) instead of letter dated dated 02.02.2021 (Annexure P-3) is h the 3) issued by No.2 vide which the petitioners ar ners are adjusted/appointed in various in the arious cooperative Sugar Mills in the State of Hary f Haryana and to grant all the consequ .2015 nsequential benefits from 28.01.2015 along with ar ith arrears of pay with interest @ 9% @ 9% per annum till its realization. 3. Learned counsel for the petitione the etitioner(s) inter alia contends that the petitioners ar ners are employees of erstwhile Bhuna re Bhuna Cooperative Sugar Mill. There were 688 em 88 employees working in the erstw Sugar erstwhile Bhuna Cooperative Sugar Mills and it w nd it was sold by the official liquidato ugars uidator to M/s Wahid Sandhar Sugars Limited, whi d, which was registered under the Com ll was e Companies Act. The sugar mill was sold on ‘as i n ‘as is where is’ basis. However, th n the ver, the purchaser could not run the sugar mill fo mill for long period and the employe The ployees thereof became jobless. The numerous ex ous ex-employees have been adjusted mills justed by sending them in other mills in the State State of Haryana. The respondents icking dents have adopted a cherry-picking approach by ch by accommodating some employee ing all ployees in HAFED and extending all benefits to th s to them, whereas the petitioners ha inated ers have been unfairly discriminated against, as is t, as is discernible from Annexure P-4. 4. 4. Per contra, learned counsel fo ration sel for the respondent(s)-Federation opposes the s the prayer made by learned couns n the counsel for the petitioner(s) on the ground that th that the controversy raised in the pres t with e present petition has been dealt with by the Coord Coordinate Bench in CWP-17837-20 him 2006 and connected cases, Bhim Sain and oth d others Vs. State of Haryana and .2015, and others, decided on 28.01.2015 the petitioner itioners were not party to the first rou ioners rst round of litigation. The petitioners have based ased their claim on the basis of ju Sain of judgment passed in Bhim Sain PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document CWP-26 atters 26425-2021 and connected matters 4 (supra), how however, the aforementioned case w t with case was decided by this Court with the consent o sent of both the parties and further a d ted to her a declaratory relief was granted to the petitioner itioners therein, subject to fulfilment cribed lment of eligibility criteria prescribed under the re the relevant Service Rules. Therea loyees Thereafter, some of the employees approached t ched this Court by filing CWP-2005 20055-2017, titled Zile Singh and and others vs. Sta s. State of Haryana and others, decid etition decided on 11.07.2019. The petition was filed b iled by employees who did not fu ibility not fulfil the prescribed eligibility conditions. In ons. In terms of the directions issued nment issued by this Court, the Government of Haryana to yana took a conscious decision to relax a one- o relax the eligibility criteria as a one time measure easure, benefit of which was extended Sugar tended to the employees of the Sugar Mills on 02.0 n 02.02.2021 (Annexure P-3). Thus, assed Thus, in light of the judgment passed in Bhim Sain Sain (supra), no discrimination in a mitted on in any manner has been committed by the respon respondents. 5. I have heard the learned couns arties counsel(s) for the respective parties and gone thro ne through the case file with their able at the ir able assistance. It transpires that the former emplo employees of erstwhile Bhuna Coop filed Cooperative Sugar Mills have filed CWP-17837 837-2006 and connected cases, Bhi te of , Bhim Sain and others Vs. State of Haryana and and others, decided on 28.01.2015 ed the 1.2015 and this Court has passed the following ord ing order:-
Decision
“.....In view of the above, rties ove, learned counsel for the parties are ad idem that let all these w f in ese writ petitions be disposed of in view of the abovesaid undert the dertaking given on behalf of the respondent-State. However, lear ners , learned counsel for the petitioners in all these writ petitions sub the submit in one voice that let the seasonal employees as well as yees l as permanent seasonal employees who had been working in the ills, Bhuna Cooperative Sugar Mills, be also directed to be adjust ther djusted on similar posts in other PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document CWP-26 atters 26425-2021 and connected matters 5 cooperative sugar mills of the hen the respondent-State, as and when the posts of the said category also gory become available. They also submit that since many of th una f the ex-employees of the Bhuna Cooperative Sugar Mills have ntry ave become overage for first entry into service, relaxation in age m d to ge may be directed to be granted to them. Having heard the learn s at earned counsel for the parties at considerable length and after g tion ter giving thoughtful consideration to the peculiar fact situation not writ n noticed hereinabove, all these writ petitions are disposed of with dent with direction to the respondent authorities to adjust all the hile the ex-employees of the erstwhile Bhuna Cooperative Sugar Mill , on Mills including the petitioners, on the posts of their respective able tive categories, against available vacant posts in other cooperativ ther rative sugar mills, as well as other cooperative institutions of the y as the respondent State, as early as possible, subject to fulfillment o ibed ent of eligibility criteria, prescribed under the relevant Service Rule tion Rules, however, granting relaxation ed. in age, wherever it is required. It is further directed that hall that the respondent authorities shall make an endeavour to adjust al hile st all the ex-employees of erstwhile Bhuna Cooperative Sugar Mills ries, Mills in their respective categories, at an early date because it w the it will be in the interest of the petitioners as well as the Welfar gent elfare State. Except in the emergent situations, the respondent autho cant authorities shall not fill any vacant post in the cooperative sugar mi tive r mills as well as other cooperative institutions in the State, till hile till the ex-employees of erstwhile Bhuna Cooperative Sugar Mill it is Mills are adjusted. However, it is also made clear that the ap ex- e appointments given to the ex employees of erstwhile Bhuna C ould na Cooperative Sugar Mills would be treated as fresh appointments ents. PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document CWP-26 atters 26425-2021 and connected matters 6 With the above-said obs ions observations made and directions issued, all these writ petitions s with ns stand disposed of, however, with no order as to the costs. 6. As such, the issued raised by the to the by the petitioner(s) with regard to the benefit of the of the past service was not extended b ing of nded by this Court while disposing of the above wr ove writ petition, rather it has been a ments been also clarified that appointments given to the to the ex-employees of erstwhile B Mills ile Bhuna Cooperative Sugar Mills would be trea be treated as fresh appointments. The Sain The judgment passed in Bhim Sain (supra) has a has attained finality in the year 2015 d any r 2015 as neither of the party filed any Intra-Court A ourt Appeal against the said order. Ad loyees er. Admittedly the former employees of the erstw erstwhile Buna Cooperative Sugar d and ugar Mills have been adjusted and provided reem ed reemployment in terms of Bhim Sa Sain (supra). 7. In view of the foregoing discuss erit in iscussion, this Court finds no merit in the present w sent writ petitions. Consequently, al stands all the five writ petitions stands dismissed as sed as being devoid of merit. No order as to costs. Pending applications, if any, stan y, stand disposed of. Photocopy of this order be pl ected be placed on the file of connected 8. 9. 10. cases. RAR) (HARPREET SINGH BRAR) JUDGE November P.C 17, 2025 Whether speaking/reasoned. : Whether Reportable. : Yes/No Yes/No PUNEET CHAWLA 2025.11.29 16:32 I attest to the accuracy and integrity of this document