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TRIBHUVAN DAHIYA, J. (ORAL) –

This order will dispose of all the above-mentioned cases as similar issues arise for consideration therein. For brevity, the facts are being noticed from CWP-17666-2025.

2. The petition has been filed, inter alia, seeking a writ of mandamus directing respondents no.1 to 6 to release salary to the petitioner with effect from 01.04.2024, as he has been continuously working ever after. He was appointed as Multi-Purpose Worker (MPW) on contract basis and has remained in service from the date of his initial appointment. It has also been prayed that the petitioner be shifted/ported to the web-portal of the Haryana Kaushal Rozgar Nigam Limited (hereinafter referred to as ‘HKRNL’) for further engagement, as already directed by the Department vide letter dated 06.04.2022, Annexure P-2.

3. Learned State counsel has referred to short reply filed on behalf of respondent no.2 by way of affidavit of Dr. Vivek Aggarwal, Director General Elementary Education, which is to the effect that the petitioner and CWP-17666-2025 and other connected matters other similarly placed MPWs, total adding up to two hundred fifty one, were engaged under the Swachh Bharat Pragan Scheme through outsourcing agency for working in Government schools in three districts - Kaithal, Panipat and Jhajjar. The engagement was up to 31.03.2024, which was not extended. However, after a preliminary inquiry conducted by the Directorate, it came to notice that only twenty-five MPWs were relieved on expiry of their contract on 31.03.2024 and many were allowed to continue despite there being no extension/renewal of contract. Correct facts as to the duration for which MPWs, including the petitioner(s), actually worked beyond the terms of engagement, are yet to be ascertained on the basis of relevant record; it is also to be found out whether any irregularity has been committed by the concerned officers/officials in this regard. Only thereafter appropriate action in the matter will be taken. And for that purpose, an inquiry committee has been constituted at the Directorate level, vide order dated 17/18.09.2025, which is headed by an HCS Officer, Mr. Mayank Verma. The relevant paragraphs of the affidavit read as under:

8. That it is most humbly submitted here that after reviewing this preliminary report it is found that none of the petitioner in the similar writ petition have been found working presently, however, as per the record obtained from the concerned Districts, they have worked beyond their SLA period. It is further submitted here that while taking the conscious perspective, the Directorate has already constituted a Committee of DEEO Concerned, Section Officer under the Chairmanship of Class-1 Officer of the Directorate vide order dated 18.09.2025 for afresh in-depth inquiry in this whole matter. The committee will seek the explanation from the concerned DDOs/Principals or any person responsible to ascertain the capacity under which the MPWs were made to work in the schools even though their SLA had never been extended and had already been rescinded on 31.03.3024.

9. That it is further submitted here that the above said Committee is constituted with an objective to verify the record/documents/ indenture etc. for the judicious disposal of the issue involved in all such similar writ petitions and accordingly the responsibility will be fixed of the concerned DDOs/Principal or the Officer/Official involved for paying remuneration if any due to the petitioners for the non-contractual working period (i.e. period after 31.03.2024). Consequently, the disciplinary action will be initiated against the delinquent Officer/Officials also. Hence, on recommendation of the said Committee the Directorate will take necessary mandatory action within 3 months from the report of such Committee.

4. Learned counsel for the petitioner(s) however disputes the dates of relieving the petitioner(s) as mentioned in the affidavit. He submits that the petitioner(s) may be permitted to represent before the said inquiry committee for establishing the dates upto which they actually worked in the respective schools.

5. Considering the aforementioned facts, these petitions are disposed of directing the respondents to conclude the aforementioned enquiry after affording due opportunity of hearing to the petitioners, considering the representations and documents, if any, submitted by them. The inquiry will be concluded and the remuneration for the period they have worked after 31.03.2024 will be released within three months of receiving a certified copy of the order.

5.1 The Department is at liberty to take disciplinary action against the officer(s)/official(s), in case anyone is found negligent or deficient in performance of duty. Further, appropriate action will be taken regarding porting the MPWs to the HKRNL in terms of the applicable policy in accordance with law, within one month thereafter.

6. Pending miscellaneous application(s), if any, shall also stand(s) disposed of.

7. A photocopy of this order be placed on the files of connected matters.

Order accordingly.

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