Satyabir Singh v. State Of Hy.Etc.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.601 CWP-688-2000 (O&M) Date of decision: May 19, 2022 Satyabir Singh

...Petitioner

Versus

The State of Haryana and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

None for the petitioner.

Mr. R.D. Sharma, Deputy Advocate General, Haryana. ***** ARUN MONGA, J. (ORAL) Petition was filed in the year 2000, inter alia, for issuance of a writ in the nature of mandamus directing the respondents to mark attendance of the petitioner for November and December, 1999 and to pay salary to him on the Salary Register for the relevant time.

2.

Petition has been lying admitted since 01.08.2001. 3.

When called out for hearing, there is no representation on behalf of petitioner. It seems that by sheer effluxion of time and pendency of the writ petition for more than 21 years before this Court, it has been rendered infructuous and/or petitioner seems to have lost interest in pursuing the same. 4.

In any case, it appears that even on merits, claim of petitioner is not admissible in view of the following stand taken in para No.1 of preliminary submissions of the written statement filed on behalf of respondent Nos.1 to 4, which is reproduced herein for ready reference: "1. That the services of the petitioner were terminated due to Ban imposed by Haryana Government on the post of Class IV direct appointment. Hence the petition is liable to be dismissed on this score alone. Copy of instructions is annexed as Annexure R-1."

5.

I am in agreement with the stand taken by the respondent-State as aforesaid, more so, when respondents were merely performing their duty in compliance of the instructions (Annexure R-1) by passing an impugned order. The ASHISH 2022.05.24 17:41 I attest to the accuracy and integrity of this document

CWP-688-2000 (O&M) -2same in any case has not been controverted either by way of replication or by way of any additional affidavit and the assertions made therein therefore remain unrebutted.

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. (ARUN MONGA) JUDGE May 19, 2022 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2022.05.24 17:41 I attest to the accuracy and integrity of this document