Sukhbir Singh v. State Of Hy & Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-11368-2003 (O&M) Date of decision:29.11.2022 Sukhbir Singh ..Petitioner Vs.

State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

None for the petitioner.

Mr. R.D.Sharma, DAG, Haryana.

*** ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of Certiorari for quashing order dated 27.03.2003 (Annexure P/4) whereby the benefit of increments was adjusted for a period from 08.02.1989 upto 01.04.1993. Further prayer has been made to direct the respondents to grant the petitioner benefit of increments for the period of military service rendered during emergency period from 26.10.1962 to 10.01.1968 in terms of the Punjab Govt. National Emergency (Concession) Rules, 1965, over and above the increments earned by the petitioner during his adhoc service from 14.03.1989 upto the date of his regularization w.e.f. 01.04.1993 (Annexure P-2). 2.

Petition was admitted on 28.07.2005.

3.

When taken up for final adjudication, none has put in appearance on behalf of the petitioner. In this context, it is important to note that a specific notice has been issued in the cause list, as well as, on the notice Board of the Court room, stating "In the category of "To Be ASHISH 2022.12.02 10:23 I attest to the accuracy and integrity of this document

CWP-11368-2003 (O&M) -2Taken UP" Regular matters shown in the daily cause list, if learned counsel still do not appear, it would be an indicator that they are not interested in pursuing the same and the cases shall then be decided regardless of their presence. Learned counsels are, therefore, requested to watch the regular cause list of the Court." Notwithstanding none appears.

4.

Even otherwise by sheer effluxion of time and pendency of the writ petition for more than 19 years before this Court, either it has been rendered infructuous or even otherwise the petitioner seems to have lost interest in pursuing the same.

5.

Be that as it may, writ petition is dismissed with liberty to the petitioner to file an appropriate application in case any cause of action still survives.

November 29, 2022 (ARUN MONGA) ashish JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2022.12.02 10:23 I attest to the accuracy and integrity of this document