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High Court of Punjab and HaryanaCWP/9002/2003disposed of

Kulwant Singh Etc. v. State Of Pb.Etc.

2025-03-26Mr. Justice Aman Chaudhary2 pages

 CWP-9002-2003 (O&M) - 1-  

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-9002-2003 (O&M) Date of decision: 26.03.2025 Kulwant Singh and Another ....Petitioners

Versus

State of Punjab and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

None for the petitioners   

    ***** AMAN CHAUDHARY, J. (ORAL) 1.

Prayer made in the present petition is for quashing the order dated 19.05.2003, vide which the petitioners have been reverted from the post of Assistant Foreman Special to the post of Loader Operators. 2.

This Court on 22.11.2004 had stayed the order, whereafter on 21.07.2006, directed status quo with regard to the status of the petitioners as was the order passed in CWP-14425-2003 on 27.02.2004 and the petitioner in the interregnum must have even retired on attaining the age of superannuation. In similar set of circumstances, in Sudarshan Kumar Sharma vs. The State of Punjab and others, CWP-837-2005, the Division Bench of this Court vide judgment dated on 21.02.2013, held thus:

"The petitioner was appointed as Sanitary Inspector, Municipal Committee, Ludhiana and he earned promotions from time to time. In the year 1994, he was promoted as Superintendent Vaccination. Thereafter, in the year 1997, he was given promotion to the post of Registrar (Births & Deaths), Municipal Corporation, Ludhiana vide orders dated 28.5.1997. Subsequently, show cause notice dated 16.1.2003 was issued to him which culminated in his reversion from the post of MOHIT 2025.03.26 17:51 I attest to the accuracy and integrity of this document

 CWP-9002-2003 (O&M) - 2-   Registrar (Births & Deaths). Challenging these orders, the petitioner filed the instant writ petition. The petitioner also prayed for interim stay of operation of the reversion orders. Interim orders were passed in his favour by this Court. Under the umbrella of the said stay orders, the petitioner continued to work as Registrar (Births & Deaths) and has since retired as well from that post on 31.12.2009. As the petitioner, on account of stay order, continued to work as Registrar (Births & Deaths) and has even retired from that post, it is not necessary to go into the validity of the orders impugned in this petition. Retiral benefits, if not paid, shall be released to the petitioner as if the petitioner had retired as Registrar (Births & Deaths). The writ petition is, accordingly, disposed of." (Emphasis Supplied) 3.

The petition is disposed of in terms of Sudarshan Kumar Sharma (supra).

(AMAN CHAUDHARY) JUDGE 26.03.2025 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2025.03.26 17:51 I attest to the accuracy and integrity of this document