High Court of Punjab and HaryanaCWP/4661/2016dismissed

Baljit Singh And ORS. v. State Of Punjab Andors.

2016-03-11Mr. Justice A.B. Chaudhari1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Writ Petition No.4661 of 2016 Date of decision: 11.3.2016 Baljit Singh and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR.JUSTICE G.S.SANDHAWALIA

Present:

Mr. S.K.Arora, Advocate for the petitioner *** G.S.SANDHAWALIA, J (Oral) The prayer made in the present writ petition is for directing the respondents to consider and promote the petitioners as Senior Assistants from the date the respondents no. 5 to 9 have been promoted. It is not disputed that the different Rules are governing the petitioners and the private respondents and therefore, the argument which is being raised is not sustainable.

Counsel for the petitioners submits that the private respondents were absorbed in the Head Office at the time of their appointments and the petitioners were not given any option and posted at District level. Admittedly, the said exercise was done way back in the year 2001. The petitioners had accepted the said appointments and acquiesced to the said absorption at the district level. Now they can not turn around and say that they were entitled to be appointed in the Head Office. In such circumstances, there is no scope for interference in exercise of jurisdiction under Article 226 of the Constitution of India. Accordingly, the present writ petition is dismissed in limine. March 11, 2016 (G.S.SANDHAWALIA) Pka Judge PRADEEP KUMAR ARORA 2016.03.14 10:21 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh