High Court of Punjab and HaryanaCWP/11523/2015dismissed

Sanjeev Kumar v. State Of Punjab And Others

2016-03-28Mr. Justice Gurmeet Singh Sandhawalia2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 11523 of 2015 Date of decision: 28.03.2016 Sanjeev Kumar ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Sanjeev Kumar, Advocate, for Mr. Munish Puri, Advocate, for the petitioner.

Ms. Monica Chhibbar Sharma, DAG, Punjab.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks quashing of the order dated 20.04.2015 (Annexure P-2) whereby, his appointment has been declined under the Rehabilitation and Resettlement Policy dated 18.11.1993 (Annexure P-1). The order was passed on the basis of the directions issued by this Court in CWP No. 6613 of 2012 on 04.04.2012.

The reasoning given by respondent no. 4 is that Baldev Raj s/o Bhagtu @ Bhagat Ram, who is the uncle of the petitioner has already been given employment under the dam oustee quota. A perusal of the appointment order dated 19.01.1996 (Annexure R-3) would show that the appointment was offered on the strength of the affidavit given by the petitioner's grand father namely Hansraj alongwith the father of Baldev Raj namely Bhagat Ram whereby, five of the family members had foregone their claim for the employment in favour of Baldev Raj. A joint affidavit was given attested on 22.11.1995. Thus, an issue which had long been settled almost two decades earlier was sought to be reopened by seeking directions from this Court without bringing to the notice of this Court that the one of the family members of the petitioner had already been granted SHIVANI GUPTA 2016.04.05 15:18 I attest to the accuracy and integrity of this document Chandigarh

-2employment.

In such circumstances, there is no irregularity in the order passed by the said respondent. One of the family members has already been granted employment and the purpose of the policy had been fulfilled at that point of time and cannot be allowed to be misused by the other family members.

Accordingly, the present writ petition is dismissed. 28.03.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.04.05 15:18 I attest to the accuracy and integrity of this document Chandigarh