Bhag Singh v. State Of Haryana And ORS

CWP No.11157 of 2012 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.11157 of 2012 (O&M) Date of decision: 15.05.2015 Bhag Singh ... Petitioner Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether reporters of local newspapers may be allowed to see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest? Present:- Mr. Ashwani Kumar Bawa, Advocate for the petitioner.

Mr. Hitesh Pandit, Addl.A.G.Haryana.

AMIT RAWAL J. (Oral) Challenge in the present writ petition is to the order dated 20.08.2004, Annexure P-5, vide which the benefit of JST Grade granted to the petitioner was withdrawn without issuing any show cause notice.

Learned counsel for the petitioner submits that before passing the order dated 20.08.2004, Annexure P-5, no opportunity of hearing was given to the petitioner, thus, same is vitiated in law, much less, not sustainable in the eyes of law. He further submits that order dated 20.08.2004, Annexure P-5 was challenged by one Nafe Singh before this Court vide CWP No.11359 of 2006 titled as Nafe Singh vs. State of Haryana and others. Vide order dated 11.11.2008, SAVITA DEVI KADIAN 2015.05.20 15:04 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.11157 of 2012 (O&M) the aforesaid petition was disposed of on the premise that similar controversy with regard to JST Grade came before this Court in Shakhuntla Devi and another vs. State of Haryana and others i.e. CWP No.6599 of 2007 decided on 04.03.2008, wherein it has been held that those employees to whom JST Grade was granted under orders passed by this Court, the respondents were not competent to withdraw the same. A copy of the order dated 11.11.2008 has been annexed as Annexure P-6. Since the petitioner is also aggrieved against the order dated 20.08.2004, Annexure P-5 and similar relief has been granted to Nafe Singh whose JST Grade was withdrawn vide common impugned order.

It would be in the fitness of things that the writ petition is disposed of, in terms of directions issued by this Court vide order dated 11.11.2008, Annexure P-6 and the petitioner shall be entitled to all the consequential benefits, if permissible in law. Writ petition stands disposed of.

(AMIT RAWAL) JUDGE May 15, 2015 savita SAVITA DEVI KADIAN 2015.05.20 15:04 I attest to the accuracy and integrity of this document High Court Chandigarh