Bhagwandin Etc. v. Punjabi University Etc.

CWP-11050-1998 2024:PHHC:043650 - 1 -

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-11050-1998 Date of decision: 02.04.2024 Bhagwandin and others

...Petitioners

Versus

Punjabi University and another

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Sanjiv Gupta, Advocate for the petitioners. Mr. Abhishek Kaushik and Mr. H.S. Batth, Advocates for Mr. Vipul Jindal, Advocate for the respondents-University. ***** AMAN CHAUDHARY. J (Oral) 1.

The prayer in the present Civil Writ Petition under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of mandamus, for directing the respondents to consider the claim of the petitioners for regularization in service.

2.

The reference in the present petition was made to pendency of a similar case i.e. CWP-16862-1997, which has since been decided by this Court vide order dated 17.10.2019 and reads thus:- "1. The writ petition was filed in the year 1997 when the petitioner had sought a mandamus commanding the respondents to regularise his services or in the alternative allow him to work till any regular appointment is made on the post of Electrician. The petitioner at the relevant time was originally appointed as Electrician temporarily and had been working as such on daily wage basis since 1.5.1993.

2. While admitting the writ petition no interim stay or any order of the kind was granted in favour of the petitioner.

3. I am of the view that by sheer efflux of time relief sought by the petitioner has been rendered infructuous by lapse of more than 22 years. In all likelihood the petitioner would have moved on the greener pasture of life.

4. In the above premise, writ petition is disposed of as infructuous with liberty to file an appropriate application, if so advised, in case any cause of action still survives." HAMANT 2024.04.03 15:07 I attest to the accuracy and integrity of this order/judgment

CWP-11050-1998 2024:PHHC:043650 - 2 - 3.

Learned counsel for the petitioner is unable to refute the above and as such, the present petition is also disposed of in view thereof, giving liberty to him to file an appropriate application, if so advised, in case any grievance still subsists .

(AMAN CHAUDHARY) JUDGE 02.04.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.04.03 15:07 I attest to the accuracy and integrity of this order/judgment