Punjab-Haryana High Court
Pala Singh And Others vs State Of Haryana And Others on 4 March, 2014
Author: Daya Chaudhary
Bench: Daya Chaudhary
C.W.P. No. 4019 of 2014 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 4019 of 2014
DATE OF DECISION: 04.03.2014
Pala Singh and others ..........Petitioners
Versus
State of Haryana and others ..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mr. Harkesh Manuja, Advocate
for the petitioners.
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DAYA CHAUDHARY, J.
The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of order dated 20.11.2013 passed by respondent No.3, whereby, claim of the petitioners regarding release of their arrears has been declined.
Learned counsel for the petitioners contends that similarly situated employees have been granted the same benefit, whereas, the claim of the petitioners has not been considered.
Admittely, the petitioners have earlier approached this Court by way of filing C.W.P. No. 16682 of 2012, wherein, following order was passed on 3.10.2012:-
"After arguing for some time, counsel for the petitioners wishes to withdraw the present petition with liberty to approach the Pooja Sharma 2014.03.07 09:56 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 4019 of 2014 (2) Liquidator, Haryana State Cooperative Handloom Apex Soceity for grant of appropriate relief on the basis of judgment dated 27.1.2012 passed in CWP No. 5445 of 2010, in accordance with law.
Ordered accordingly."
In pursuance of order dated 3.10.2012, a notice was sent by the petitioners to Deputy Registrar, Cooperative Societies through counsel on 13.2.2013, which is annexed as Annexure P-7 with the petition. Thereafter, the petitioners filed C.W.P. No. 15534 of 2013, which was disposed of by this Court on 22.7.2013 and following order was passed:-
"Petitioner through the instant petition seeks a writ in the nature of mandamus directing the respondents to release the benefits of arrears and other benefits along with interest. The said relief has not been granted to the petitioners despite a legal notice Annexure P-9 sent to the Deputy Registrar, Cooperative Soceities. The said relief has been granted to 46 persons who had filed writ petition.
The petitioner claims that being at par with the persons who had been granted relief by this Court, the petitioner is entitled to the financial benefits sought for by him vide Annexure P9.
This petition is disposed of with a direction to the respondents to consider the claim of the petitioners in Annexure P9, dated 13.2.2013, within a period of three months after the receipt of a certified copy of this order. In case the claim is not finally decided the petitioner will be entitled to additional benefit of interest @ 18 per cent per annum over and above the amount and interest due to the petitioner Pooja Sharma 2014.03.07 09:56 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No. 4019 of 2014 (3) payable.
It will be duty of the petitioner to communicate the order to the concerned authorities.
Thereafter, vide order dated 20.11.2013 passed by Deputy Registrar, Cooperative Societies-cum-Liquidator, the claim of the petitioners has been rejected and it has been mentioned in the aforesaid order that the petitioners have not filed any claim petition before the Liquidator and the claim of the petitioners would be considered in case any claim petition is filed. It has also been mentioned that all efforts are being made to settle the claim of the claimants in case any claim is filed before the Liquidator. The only argument which has been raised by the learned counsel for the petitioner is that similarly situated employees have been granted benefit but the case of the petitioners has not been considered inspite of directions issued by this Court on two occasions. On perusal of order passed by the Liquidator, it is clear that no claim petition has been filed, whereas, earlier petition on the same cause of action was dismissed as withdrawn with liberty to file claim petition before the Liquidator but inspite of that no claim petition has been filed. No ground is made out to issue any directions in the present petition and the petition being devoid of any merit is hereby dismissed.
However, the petitioners are at liberty to file claim petition before the Liquidator.
March 04, 2014 (DAYA CHAUDHARY)
pooja JUDGE
Pooja Sharma
2014.03.07 09:56
I attest to the accuracy and
integrity of this document
Chandigarh
C.W.P. No. 4019 of 2014 (4)
Pooja Sharma
2014.03.07 09:56
I attest to the accuracy and
integrity of this document
Chandigarh