Punjab-Haryana High Court
Santokh Singh & Ors vs State Of Haryana & Ors on 7 August, 2014
Author: Jaswant Singh
Bench: Jaswant Singh
CWP No.16406 of 1995 #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Date of Decision:-07.08.2014
CWP No.16406 of 1995(O&M)
Santokh Singh & Ors
......Petitioners.
Versus
State of Haryana & Ors.
......Respondents.
2
CWP No.14548 of 1993(O&M)
Santokh Singh & Ors
......Petitioners.
Versus
State of Haryana & Ors.
......Respondents.
AND
CWP No.14554 of 1993(O&M)
Mam Raj
......Petitioner.
Versus
State of Haryana & Ors.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:- None for the Petitioners.
Mr. S.S. Goripuria, DAG Haryana for respondent nos.1,3 & 4.
Mr. Nipun Mittal, Advocate for respondent no.2.
***
VINAY MAHAJAN
2014.08.11 10:46
I attest to the accuracy and
integrity of this document
at Chandigarh
CWP No.16406 of 1995 #2#
JASWANT SINGH, J.(ORAL)
By this common order I shall dispose of the aforementioned three Writ Petitions as the issues involved therein are identical and inter- linked, as observed vide order dated 18.12.1996 which is reproduced as under:-
" The petitioners complaint that they have been arbitrarily denied admission to the Patwar Training School, Hissar. The respondents contest the petitioner's claim on the ground that their record was not satisfactory. In particular, it has been pointed out that petitioner-Santokh Singh had remained under suspension from August 14, 1981 to April 6, 1992 for a period of almost 11 years.
Mr. Sammi, Counsel for the petitioners submits that Civil Writ Petition No.14548 of 1993 filed by petitioner- Santokh Singh against his continued suspension is already pending in this Court. Similarly, Petitioner-Mam Raj has also filed CWP No.14554 of 1993 which is pending in this Court.
In the circumstances of the case, it would be just and fair to hear all the writ petitions together. It is, therefore, directed that the present writ petition shall be listed for hearing along with CWP Nos.14548 and 14554 of 1993 after obtaining orders from Hon'ble the Chief Justice in January 1997 before a Single Bench of this Court."
The four petitioners were working as Patwaries with the contesting respondent no.2-Haryana State Minor Irrigation and Tubewell VINAY MAHAJAN 2014.08.11 10:46 I attest to the accuracy and integrity of this document at Chandigarh CWP No.16406 of 1995 #3# Corporation (hereinafter referred to as HSMITC) w.e.f. different dates, when along with other Patwaries(totaling 70) were declared surplus by the respondent corporation and were deputed for six months Patwar training in the Patwar Training School, Hisar commencing w.e.f. 26.10.1995 vide orders dated 13.10.1995 and 20.10.1995 (P-2). The said move was aimed at to their ultimate absorption in the Revenue Department. Since the petitioners were not permitted to join/be admitted and undertake the course, the present writ petition was filed challenging the said action of respondent no.3. The prayer was for directing the respondents to grant admission to the aforesaid course by issuing a writ of Mandamus.
Upon notice respondent no.2 Corporation and respondent nos.3 & 4 have filed their separate replies.
Respondent no.2 Corporation has stated that the petitioners were not having good annual confidential reports, which are appended as Annexure R-2 to R-7 and thus they were rightly not permitted to join the course. A perusal of the said ACRs would reveal that their work and conduct was not up to the mark. The stand of respondent nos.3 & 4 is that as per government decision dated 26.06.1989 (P-1) only those officials of HSMITC, who were having good service record were to be considered for absorption in the Revenue Department. Since, the petitioners did not have good service record, they were not granted admission for the Patwari Course.
This Court while issuing notice of motion vide order dated 14.11.1995 and further while "admitting" did not grant any interim relief.
At the time of hearing today, learned Counsel for respondent- HSMITC states at the Bar that the respondent corporation stands wound VINAY MAHAJAN 2014.08.11 10:46 I attest to the accuracy and integrity of this document at Chandigarh CWP No.16406 of 1995 #4# up/closed w.e.f. 30.07.2002 and all its employees (including the petitioners) stands retrenched after observing all legal formalities. This Court has already dismissed writ petitions challenging the closure and the subsequent retrenchment of its employees. He further states that the State Government as formulated a policy vide notification order dated 21.06.2006 for re- employment/adjustment of the retrenched employees of the various corporations/undertakings including the answering respondent and the petitioners would be adjusted, if not already in various government departments/undertakings in terms of the said policy. He therefore states that the present writ petitions have thus become infructuous.
None has come present on behalf of the petitioners to rebut the aforesaid factual position.
In view of the statement made by the learned Counsel for the respondent-Corporation at the Bar all the aforementioned writ petitions are dismissed as infructuous.
( JASWANT SINGH ) JUDGE August 07, 2014 Vinay VINAY MAHAJAN 2014.08.11 10:46 I attest to the accuracy and integrity of this document at Chandigarh