Usually, the High Court of Punjab and Haryana does not interfere in service matters unless the action taken by the government or the respective department is wholly unreasonable, arbitrary and unconstitutional.
Article 15 of the Constitution of India ensures equality among all the citizens of the country, leaving no room for discrimination on the basis of caste, sex or place of birth. In the constitution, Article 15 goes as follows:
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
Further, Article 16 of the Constitution of India guarantees equality of opportunity in case of public employment. In the constitution, Article 16 states that:
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State
In a nutshell, one for all and all for one, without any sort of discrimination.
Instance of Violation of Fundamental Right of a Public Servant with respect to His Office
High Court is mostly seen as a ray of hope for the government servants in the state of Punjab and Haryana where the current government ousted the previous government’s preferred individuals or vice versa, as the case may be. But the actions of the government have to be tested in the light of our constitutional principles as well as natural justice.
In a recent case, the Haryana government tried to replace Arjun Singh Saini, Director General Horticulture with BS Sehrawal, mission director, Haryana State Horticulture Development Agency. Saini, who has been holding the post since 2014, filed a petition challenging this move in person. The High Court bench consisting of justice Amit Rawal ordered an interim stay and Saini will retain his post till the next date of hearing. Hence, the government can’t give effect to the posting notification.
Be it Punjab government or Haryana government, if any employee feels subjected to discrimination or violation of his fundamental rights, then one must be quick to knock the doors of Punjab and Haryana High Court at Chandigarh. Justice is for those who seek it first and foremost.
You must consult an expert service law advocate/lawyer for your employment issue in case you have suffered/are suffering from similar problem and wish to challenge the Government’s order/decision in question.
For more information, please dial 9988817966.