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High Court of Punjab and HaryanaCWP/11311/1999dismissed

Bidhi Chand v. Haryana State Etc.

2022-05-17Mr. Justice Arun Monga2 pages



        

   !"#      $ %&'(')* +,,  Bidhi Chand , Electrician ... Petitioner

Versus

State of Haryana and Another

...Respondents

 -$* )./0"-1('&-1)")2$  Present :

None for the petitioner.

Mr. R.D. Sharma, Deputy Advocate General, Haryana.  -1)")2$3 -$0#  Petition was filed in the year 1999, inter alia, for issuance of a writ in the nature of certiorari quashing letter dated 09.06.1999 (Annexure P-8), whereby claim of the petitioner regarding grant of higher standard pay scale was rejected and seeking declaration that promotion of the petitioner was not in accordance with the provisions of rule in view of letter dated 18.09.1998 (Annexure P-5). 2.

Petition was admitted on 23.11.2001.

3.

None appears on behalf of the petitioner. It seems that by sheer effluxion of time and pendency of the writ petition for around 22 years before this Court, either it has been rendered infructuous or even otherwise the petitioner seems to have lost interest in pursuing the same. 4.

In any case, it appears that even on merits, claim of the petitioner is not admissible in view of the following stand taken in para No.15 of the written statement, which is reproduced herein below for ready reference: "15. That para No.15 of the petition is admitted to the extent that respondent have declined to grant the benefit of Ist Higher Standard Pay Scale to the Petitioner, because he sought reversion from the post of Mechanic to the post of Electrician on his own request. Rest of the para is ASHISH 2022.05.23 21:29 I attest to the accuracy and integrity of this document

 

   !"#    44 wrong and denied. In fact Annexure P-9 which is attached with Civil Writ Petition by the petitioner is incomplete. In fact true copy of Annexure P-9 is letter No.P&SH-95/10 183/Admn. Dated 23.02.1995 which is Annexure R-2 and the same may be compared by the Hon'ble Court with the Annexure P-9. In the reply of Annexure R-2 letter No.P&SH-95/1377, T.B.P. dated 27.06.1995 was written by the Manager Text Books Press, Panchkula to the Controller which is Annexure R-3. In the Annexure R-3 same clarification was sought by the Manager Press, Panchkula from the Administrative Officer of Printing & Stationary Department Haryana, Chandigarh. In response to letter No.P&SH-95/1377/T.B.P. dated 27.06.1995 a letter No.P&SH-95/3069/Admn. dated 10.07.

1995 was written in which it is clearly mentioned that Bidhi Chand Petitioner was reverted on his personal request from the post of Press Mechanic to the post of Electrician. Letter dated 10.07.1995 is Annexure as R-4, so he was not entitled for any benefit of Ist Higher Standard Pay Scale after completion of ten years services as per the instruction of the Financial Commissioner & Secretary to Government Haryana, Finance Department, as already mentioned in above paragraph."

5.

I am in agreement with the stand taken by the respondent-State as aforesaid. The same in any case has not been controverted either by way of replication or by way of any additional affidavit. 6.

In view of the aforesaid, no ground for interference is made out. Petition is dismissed.

7.

Since the main case has been decided, pending civil miscellaneous application, if any, also stands disposed of. "$5 +3,     -1)")2$#       1%2   

            ASHISH 2022.05.23 21:29 I attest to the accuracy and integrity of this document