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High Court of Punjab and HaryanaCWP/15059/2015dismissed

Lakhwinder Singh v. State Of Punjab And ORS

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

CWP No. 15059 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 15059 of 2015 Date of decision: 28.03.2016 Lakhwinder Singh ....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 13.01.2014 (Annexure P-3) whereby, his claim for appointment has been declined under the Rehabilitation and Resettlement Policy dated 18.11.1993 (Annexure P1). The said order was passed on the basis of the directions issued by this Court in CWP No. 14440 of 2012, Ankush Kumar and others vs. State of Punjab on 31.07.2012 wherein, the present petitioner was also a party. The reasoning given is that his brother Sukhwinder Singh has already been provided employment.

Counsel for the State has pointed out that the order of appointment dated 10.04.2012 (Annexure R-1) was passed prior to approaching this Court and it was apparent that the writ petition did not disclose these facts. Once the petitioner has signed on the affidavit dated 25.04.2012 (Annexure R-3) alongwith his father consenting to the appointment of his brother, he cannot now turn around and say that the SHIVANI GUPTA 2016.04.05 15:18 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 15059 of 2015 appointment given to his brother was illegal. Neither the brother has been made a party to get his appointment set aside. The purpose of the policy is to give immediate succor to the affected family and is not a bonus for seeking employment and neither this Court can be used as a tool to generate litigation.

Accordingly, in view of the above facts, there is no merit in the present writ petition and the same 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