High Court of Punjab and HaryanaCWP/7706/2019dismissed

Naresh Kumar v. State Of Haryana And Others

2019-05-01Ms. Justice Ritu Bahri2 pages

CWP No. 7706-2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 7706-2019 Date of decision : 01.05.2019 Naresh Kumar .....Petitioner versus State of Haryana and others

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Shekher Verma, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) In the present writ petition, the petitioner is seeking issuance of direction to respondent No. 1 and 2 to decide the representations submitted by him on 17.11.2015 and 17.01.2019 (P-14 and P-18 respectively) in a time bound manner and correct the anomaly in the seniority list of Junior Engineers (Horticulture Wing) Haryana Shehri Vikas Pradhikarna to the extent that the petitioner has been placed as junior to respondent No. 4. Further prayer of the petitioner is for quashing the seniority list dated 07.04.2010 (P-19) of Junior Engineers. Further prayer is for quashing the benefit of regularization policy dated 11.05.1994 (P-2) extended in favour of respondent No. 4 w.e.f 31.03.1993 and setting aside appointment of respondent No. 4. With regard to prayer of the petitioner that seniority list dated 07.04.

2010 be quashed, the present petition is liable to be dismissed as the seniority list finalised in the year 2010 cannot be challenged after a gap of 09 years, in view of judgment passed by this Court in a case of State of Haryana and others vs. Rajni Bhalla, 2017 (1) PLR 659 Gaurav Arora 2019.05.

CWP No. 7706-2019 With regard to 2nd prayer of the petitioner that respondent No.4 has wrongly been extended the benefit of regularization policy dated 11.05.1994 (P2), the present petition is liable to be dismissed, as respondent No. 4 was appointed on 08.11.1988 and was subsequently regularized, in view of regularization policy dated 11.05.1994 (P-2). The petitioner raised this plea after a gap of almost 24 years and if there was any irregularity in the appointment of respondent No. 4, it is cured with the passage of time as respondent No. 4 is serving the department for 24 years. The present petition is filed at a very belated stage.

Dismissed.

May 01, 2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.05.15 15:36 I attest to the accuracy and integrity of this document Chandigarh