Balwinder Singh And Others v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-27150-2016 (O&M) Date of decision: 15.02.2017 Balwinder Singh and others

...Petitioners

Versus

State of Punjab & others

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.Gursharan Singh, Advocate, for the petitioners.

**** JAISHREE THAKUR, J. (ORAL) CM-2137-CWP-201 Allowed as prayed for.

CWP-27150-2016 The instant writ petition came to be filed seeking to challenge the order dated 01.09.2016 (Annexure P-2) whereby the petitioners herein were reverted from the post of Agriculture Sub Inspector without adequate reason, with a further prayer that a writ of mandamus, certiorari be issued staying the operation of the impugned order.

A similar writ petition came up for hearing i.e. CWP No. 19086 of 2016 titled Gurdev Singh and another vs. State of Punjab and others, decided on 23.01.2017, wherein the petitioners, who were working on the post of Beldars were promoted as Agriculture Sub Inspectors vide different orders. Their promotions were subsequently withdrawn by the respondentState vide orders dated 11.08.2016 and 01.09.2016. Against the withdrawal of promotion, the petitioners therein approached this Court. During the course of hearing, additional affidavit was filed and the impugned orders Satyawan 2017.02.17 10:58 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP-27150-2016 -2dated 11.08.2016 and 01.09.2016 were withdrawn. Resultantly, the said writ petitions were rendered infructuous and disposed of accordingly. However, it was clarified that all the petitioners in the aforesaid writ petitions would be entitled to all the benefits in the rank of Agriculture Sub Inspectors from the date of their reversion vide orders dated 11.08.2016 and 01.09.2016 till 13.01.2017, the date the impugned orders were withdrawn. The petitioners herein contend that since the impugned order dated 01.09.2016 by which they had been reverted stands withdrawn, their petition too be disposed of in the same terms by giving a direction that they would be entitled to all the benefits in the rank of Agriculture Sub Inspectors from the date of their reversion vide order dated 01.09.2016 till 13.01.

2017, the date the impugned order was withdrawn. In view of the fact that a Co-ordinate Bench of this Court has already dealt with this issue, the instant writ petition is also disposed of as having become infructuous, however, the petitioners would be entitled to the same benefits as have been accorded to the petitioners in CWP No. 19086 of 2016.

Disposed of accordingly.

15.02.2017 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2017.02.17 10:58 I attest to the accuracy and authenticity of this document High Court Chandigarh