Ajay Kumar v. State Of Punjab And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 6131 of 2016 Date of decision: 28.04.2016 Ajay Kumar ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. H.S. Bal, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner challenges the order dated 08.09.2005 (Annexure P-3) whereby, the application for compassionate appointment was dismissed by respondent no. 3.

It is not disputed that the said order was subject matter of challenge in civil suit filed by the petitioner in the year 2011, which was dismissed on 01.11.2014 by the Civil Judge, Junior Division, Amritsar. The judgment and decree was challenged in appeal before the Additional District Judge, Amritsar, which was dismissed on 20.01.2016 (Annexure P6). In such circumstances, it is apparent that the petitioner has an alternative and efficacious remedy available and it would not be appropriate to permit the petitioner to change track of the remedy which he has already availed of.

Faced with the situation, counsel does not press the present writ petition and prays for withdrawal of the same with liberty to pursue his remedy which can be availed of by filing appropriate proceedings. Ordered accordingly.

28.04.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.05.03 12:58 I attest to the accuracy and integrity of this document Chandigarh