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Punjab-Haryana High Court

Paramjet Kaur vs State Of Punjab And Ors on 28 March, 2025

Author: Lisa Gill

Bench: Lisa Gill, Kirti Singh

                                 Neutral Citation No:=2025:PHHC:043032-DB
                                                                              1

CWP-4209-2003




222-a      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


1.                                            CWP-4209-2003
                                        Date of Decision: March 28, 2025


PARAMJET KAUR                                             .....Petitioner

                 Versus

STATE OF PUNJAB AND ORS.                                  ..... Respondents

2.                                             CWP-19374-2001

RAJWANT KAUR AND OTHERS                                   ..... Petitioners

                 Versus

STATE OF PUNJAB AND ANOTHER                               ..... Respondents

3.                                             COCP-325-2002

RAJWANT KAUR & ORS.                                       .....Petitioners

                 Versus

JOGINDER SINGH                                            ..... Respondent


CORAM:- HON'BLE MRS. JUSTICE LISA GILL
        HON'BLE MS. JUSTICE KIRTI SINGH

Present:   None for the petitioner.

           Mr. Shekhar Verma, Addl.AG, Punjab
                       ****

LISA GILL, J.

1. This order shall dispose of CWP-4209-2003, CWP-19374-2001 and COCP-325-2002.

2. Prayer in CWP-19374-2001 reads as under:-

"Civil Writ Petition under Articles 226/227 of the Constitution of India with a prayer that this Hon'ble Court may be pleased to 1 of 3 ::: Downloaded on - 02-04-2025 22:20:03 ::: Neutral Citation No:=2025:PHHC:043032-DB 2 CWP-4209-2003 issue a writ in the nature of mandamus directing the respondents to appoint the petitioners as Multipurpose Health Workers (Female) (ANL) as the persons having lesser merit than the petitioners have been appointed. It is further prayed that this Hon'ble Court may be pleased to issue any other appropriate writ, order or direction that this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of this case.

3. Prayer in CWP-4209-2003 reads as under:-

"Civil Writ Petition under Articles 226/227 of the Constitution of India with a prayer that this Hon'ble Court may be pleased to issue writ in the nature of mandamus directing respondents to appoint the petitioner Multipurpose Health Workers (Female) (ANL) as persons having lesser merit than the petitioner have been appointed.

It is further prayed that this Hon'ble Court may be pleased to issue a writ in the nature of certiorari quashing the Act called "Punjab Recruitment of Multipurpose Health Workers (Female) Act, 2001" vide which Multi Purpose Health Workers (Female) whose selection was set aside by this Hon'ble Court and they were having lesser marks than the petitioner have been regularized in a totally illegal and arbitrary manner. It is further prayed that this Hon'ble Court may be pleased to issue any other appropriate writ, order or direction that this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of this case."

4. COCP-325-2002 has been filed alleging non-compliance of order dated 12.12.2001 passed in CWP-19374-2001.

5. Operation of impugned ordinance dated 06.07.2001 had been stayed vide order dated 12.12.2001 in CWP-19374-2001. It is pointed out that subsequent thereto, Punjab Recruitment of Multipurpose Health Workers (Female) Act, 2001 was notified later in the year 2001.

6. When the matters came up for hearing on 29.05.2024, notice was issued to petitioners as it came to light that learned counsel, who had filed abovesaid writ petitions and contempt petition, has been elevated to the Bench of this Court.

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7. As per office report, petitioners No. 3 and 9 in CWP-19374-2001 have been served and other petitioners remain unserved due to incomplete address. Petitioner in CWP-4209-2003 also remains unserved due to incomplete address.

8. None has appeared on behalf of petitioners No. 3 and 9 in CWP- 19374-2001 despite service neither is there representation on behalf of petitioner No. 3 in COCP-325-2002.

9. Concededly, address of unserved petitioners is not available with respondent - State. We take note of the fact that appointments pursuant to advertisement dated 12.07.1992 had been finalized way back.

10. In the given facts and circumstances, we do not find any justification in continuation of present proceedings, which would indeed be a futile exercise in the factual matrix. Both writ petitions as well as contempt petition are dismissed with liberty to petitioners to file appropriate application in accordance with law within eight weeks, in case of survival of their grievance.

11. Copy of this order be conveyed to petitioners at given addresses.




                                                     (LISA GILL)
                                                       JUDGE




                                                    (KIRTI SINGH)
March 28, 2025                                         JUDGE
Rts

             Whether speaking/reasoned: Yes/No
             Whether reportable: Yes/No




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