High Court of Punjab and HaryanaCOCP/89/2016dismissed

Balwan Singh v. Birjendra Singh

2017-03-15Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2017.03.15 14:50 I attest to the accuracy and integrity of this document COCP No.89 of 2016 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH COCP No.89 of 2016 Date of Decision: 15.3.2017 Balwan Singh ....Petitioner

Versus

Birjendra Singh, Chief Administrator HUDA ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: None for the petitioner.

Mr. P.K. Longia, Advocate for Mr. R.S. Longia, Advocate for the respondent-HUDA. JASWANT SINGH, J (ORAL) Petitioner-Balwan Singh, who was appointed as Chowkidar/Operator w.e.f 09.10.1987 on daily wage basis and was regularized vide order dated 29.12.1994 on the post of Mechanical Helper, although he was working as Auto Mechanic Grade-II, filed a writ petition bearing CWP No.19586 of 1998 claiming that he ought to have been regularized on the same post on which he was working at the time of regularization, which has been allowed by this Court vide order dated 12.8.2015 directing the respondents to regularize him as Auto Mechanic Grade-II and place him in the pay scale of that post with effect from the date of his regularization i.e 31.3.1993 besides paying him arrears of pay and allowances in the higher scale. Upon the needful having not done, the petitioner by filing this contempt petition has alleged willful disobedience of the aforesaid order.

At the time of hearing, learned counsel appearing for the respondent-HUDA while pointing out that the present petition has been rendered infructuous has produced a copy of Office order

COCP No.89 of 2016 #2# dated 14.3.2017 wherein it is stated that the services of the petitioner, Auto Mechanical Helper has been regularized as Auto Mech. Grade-II w.e.f 31.3.1993 in the pay scale of Rs.950-20-1150EB-25-1500 subject to the decision of this Court in LPA No.846 of 2016.

In these circumstances, no further action is warranted. Accordingly, present petition is dismissed as having been incapable of any relief being granted.

March 15, 2017 (JASWANT SINGH) manoj JUDGE