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High Court of Punjab and HaryanaCWP/1754/2019dismissed

Avtar Singh v. State Of Punjab And Others

2019-05-31Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1754-2019 (O & M) Date of decision: 31.05.2019 Avtar Singh .... Petitioner(s) V/s State of Punjab and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Ankush Sharma, Advocate, with Mr. M.K. Dogra, Advocate, for the petitioner.

Ms. Ambika Bedi, AAG, Punjab.

***** Rajan Gupta, J. (Oral) CM-1484-CWP-2019 and CM-5742-CWP-2019 Learned counsel for the applicant-petitioner submits that present applications have been rendered infructuous. In view of the above, present applications are disposed of as having been rendered infurctuous.

CWP-1754-2019 Petitioner has prayed for a writ in the nature of certiorari for quashing of order dated 07.01.2019, Annexure P-5 whereby the authority has declined his request for extension in service. Operative part thereof reads as under;_ "By returning back the document in original (as received) vide letter under reference on the above cited subject, it is hereby mentioned that as per Government memo No.22/2/2012-3F.P.2/607 dated 25.11.2016-A--Time Clerk SUKHPREET KAUR 2019.06.06 13:25 I attest to the accuracy and integrity of this document category is surplus with Chief Engineer/RSDC, Water Resource

CWP-1754-2019 (O & M) ::2::

Department, Punjab, Shahpurkandi Township. Therefore, one year extension in service to Sh. Avtar Singh, Time Clerk cannot be given."

It is evident that posts of A-Time Clerk in the office of Chief Engineer are surplus, thus, extension has been denied to the petitioner. Besides, there is a settled law that the extension cannot be claimed as a matter of right. There is, thus, no merit in the petition. Same is hereby dismissed.

At this stage, learned counsel contends that retiral dues of the petitioner are still pending. State may look into the grievance of the petitioner within a month.

(RAJAN GUPTA) May 31, 2019 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2019.06.06 13:25 I attest to the accuracy and integrity of this document