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High Court of Punjab and HaryanaCWP/18093/1999dismissed

Satish Kumar v. State Of Haryana & ORS.

2022-05-19Mr. Justice Arun Monga2 pages

Sr. No.594

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-18093-1999 (O&M) Date of decision: 19.05.2022 Satish Kumar and others

...Petitioners

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

None for the petitioners.

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

*** ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of mandamus directing the respondents to issue appointment letters to the petitioners as Patwaris with all consequential benefits in pursuance to their selection having been made by respondent No.3.

2.

Petition was admitted on 20.11.2001.

3.

When called out for hearing, there is no representation on behalf of the petitioners. It seems that by sheer effluxion of time and pendency of the writ petition for more than 22 years before this Court, either it has been rendered infructuous or even otherwise the petitioners seem to have lost interest in pursuing the same.

4.

In any case, it appears that even on merits, claim of the petitioners is not admissible in view of the following stand taken in paras 1 and 2 of the preliminary submissions of the reply, which are reproduced herein below for ready reference:- "1.

That the petitioners have no locus standi to file the present writ petition as mere selection does not confer any right to the petitioners for appointment. After the selection, the prerequisite for appointment on the post of Patwari is to undergo the patwar training and filed training and only after the successful completion of mandatory training and passing the VANDANA 2022.05.23 04:55 I attest to the accuracy and integrity of this document

examination, the appointment is offered subject to the availability of post and exigencies of the State Government. 2.

That due to increased expenditure liability on account of pay revision and other factors, fiscal deficit of the State has risen considerably, consequently the government has decided not to offer appointment to the selected candidates recommended for the post of Patwaris by Staff Selection Commission, Haryana."

5.

I am in agreement with the stand taken by the respondents as aforesaid. Neither any replication has been filed to the afore noted stand of the respondents nor any additional affidavit of any kind to controvert the same. 6.

In view of the aforesaid, no grounds are made out to interfere. 7.

Dismissed.

19.05.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.05.23 04:55 I attest to the accuracy and integrity of this document