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High Court of Punjab and HaryanaCWP/6164/1997dismissed

Rajender Singh v. State Of Haryana

2022-04-19Mr. Justice Arun Monga2 pages

Sr. No.355

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6164-1997 Date of decision: 19.04.2022 Rajender Singh Yadav

...Petitioner

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

None for the petitioner.

Mr. R.K.S. Brar, Additional A.G., Haryana.

*** ARUN MONGA, J. (ORAL) Petition was filed in the year 1997, inter alia, seeking issuance of a writ in the nature of certiorari to quash the order dated 07.04.1997 (Annexure P-13) whereby the first higher standard scale granted to the petitioner has been withdrawn by respondent No.3 without issuance of any show cause notice.

Petition was admitted on 09.02.1999.

When called out for hearing, there is no representation on behalf of the petitioner. It seems that by sheer effluxion of time and pendency of the writ petition for more than 24 years before this Court, either it has been rendered infructuous or even otherwise the petitioner seems to have lost interest in pursuing the same.

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 1 of the reply in preliminary submissions, which is reproduced herein for ready reference:- "1. That after seeking clarification from the Govt. (copy of clarification is annexed herewith as Annexure R-4 and its English translation is annexure R4/T), the petitioner has been granted Ist Higher Standard Scale of Rs.16402900 w.e.f. 1.4.1995 as per revised govt. instructions VANDANA 2022.04.24 23:49 I attest to the accuracy and integrity of this document

dated 09.05.1995 and accordingly the pay of the petitioner has been fixed @ Rs.2600/- on 01.04.1995 in the pay scale of Rs.1640-2900. In view of this position, the writ petition may kindly be dismissed being infructuous."

No replication has been filed to the aforesaid stand taken in the written statement.

In the premise, the above stand since remains uncontroverted. Be that as it may, writ petition is disposed of with liberty to the petitioner to file an appropriate application in case, any cause of action still survives.

19.04.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.04.24 23:49 I attest to the accuracy and integrity of this document