Hardeep Singh And ANR. v. State Of Punjab And Another

2023:PHHC:064890 In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 9240 of 2023 Date of Decision: 05.05.2023 Hardeep Singh and Another ... Petitioner(s)

Versus

State of Punjab and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. V.K.Sandhir, Advocate for the petitioner(s).

Mr. Sehajbir Singh Aulakh, Assistant Advocate General, Punjab, Anil Kshetarpal, J.

1.

On 02.05.2023, this Court has passed the following order:- "The petitioners pray for issuance of a writ in the nature of Mandamus directing the respondent to finalize/frame the service rules for the employees of the Panchayat Samitis and Zila Parishad under the Panchayati Raj Act, 1994. On 01.05.2023, the learned State counsel was directed to get complete instructions in order to resolve the controversy involved in the present case.

Today, learned State counsel has produced a copy of the decision dated 24.05.2010. Operative part whereof reads as under:- "All the rules so framed under the repealed Acts were published through notifications in the DEEPAK KUMAR BHARDWAJ 2023.05.15 10:47 I attest to the accuracy and integrity of this document

2023:PHHC:064890 Civil Writ Petition No. 9240 of 2023 Government Gazette from time to time. So for no new rules under the Punjab Panchayati Raj Act, 1994, have been framed and published and the matter is under active consideration of the Government. Therefore, it has been decided that all the matters relating to the Panchayati Raj Institutions shall be governed under the rules (Annexure-R) framed under the repealed Acts so far as they are not inconsistent with the provisions of Punjab Panchayati Raj, 1994, till the new rules are framed."

Learned counsel representing the State is unable to disclose whether the Department has made any decisions or identified any inconsistencies during the last 13 years. Faced with this situation, learned State counsel prays for some time to obtain complete instructions before providing assistance to the Court.

List on 05.05.2023, in the urgent list."

2.

The learned State counsel, after getting the complete instructions, submits that the appropriate decision shall be taken by the competent authority within a period of one month, positively, from today. 3.

Keeping in view the aforesaid facts, the present writ petition is disposed of.

(Anil Kshetarpal) Judge May 05, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.05.15 10:47 I attest to the accuracy and integrity of this document