Punjab-Haryana High Court
Ramesh Kumar Verma vs State Of Punjab & Ors on 20 January, 2016
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
Civil Writ Petition No.14799 of 2015(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.14799 of 2015(O&M)
Date of decision: 20.1.2016
Ramesh Kumar Verma ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA
Present: Mr. Manish Dadwal, Advocate for the petitioner.
Mr. Avinit Avasthi, Assitant Advocate General, Punjab
for the respondents.
G.S.SANDHAWALIA, J. (Oral)
The petitioner seeks quashing of order dated 30.1.2015 (Annexure P/6) whereby the benefit of second extension in service as per Punjab Government notifications dated 8.10.2012, 22.1.2013, 20.9.2013 and 7.1.2015 (Annexures P/3, P/4, P/5 and P/7 respectively) has been curtailed midway by retiring him from 31.1.2015.
The petitioner who was to retire on 30.9.2013 was granted first extension in service for one year on 11.9.2013. Second extension was granted thereafter on 18/30.9.2014 for a period of one year. The second extension has accordingly been withdrawn midway which is the dispute in the present writ petition.
In Civil Writ Petition Nos.3847 of 2015- Iqbal Mohammad Vs. State of Punjab and others and 3826 of 2015-Romesh Garg Vs. State of Punjab and others decided on 24.4.2015 it has already been held that extension in service is not a matter of right and the legal issue stands decided against the petitioner.
In the case of the petitioner, however, on 1.9.2015 interim order was passed whereby the impugned order had been stayed till 30.9.2015 which was the date on which the petitioner's second extension PRADEEP KUMAR ARORA 2016.01.22 10:08 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh Civil Writ Petition No.14799 of 2015(O&M) -2- was coming to an end.
Resultantly, this Court is of the opinion that the present writ petition has been rendered infructuous as the petitioner has carried on during his second period of extension on account of the stay granted to him.
Accordingly, the present writ petition is disposed off as having been rendered infructuous. However, it is made clear that the petitioner shall be entitled for his financial benefits pertaining to his salary aspect till the end of his second extension in view of the interim order passed by this Court.
The Civil Misc. Applications also stand disposed of.
January 20, 2016 (G.S.SANDHAWALIA)
Pka Judge
PRADEEP KUMAR ARORA
2016.01.22 10:08
I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh