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High Court of Punjab and HaryanaCWP/17429/2023dismissed

Sandeep Kaur ANR ORS. v. State Of Punjab And Others

2023-08-102 pages

CWP-17429-2023 -1- 2023:PHHC:104167

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-17429-2023 Date of Decision: 10.08.2023 Sandeep Kaur and others .... Petitioners

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr. HPS Ishar, Advocate for the petitioners.

Mr. Paramjit Batta, Addl. A.G., Punjab.

***** SANJEEV PRAKASH SHARMA , J (ORAL) 1.

The petitioners by way of this petition has prayed for quashing the condition No.2 imposed in appointment letter dated 24.04.2017 (Annexure P-2) as well as all similar/identical appointment letters issued from time to time to each petitioner.

2.

This Court finds that once this Court has reached to a final conclusion in its judgment dated 16.02.2023, whereby, it is noticed that the notification dated 15.01.2015 has been quashed in Gurwinder Singh and others and Dr. Vishavdeep Singh and other cases and observed that there is no need to quash it again, the petitioners who have filed the said judgment as an Annexure to the present petition, were having full knowledge that the order would apply on all.

Learned counsel for the petitioners frankly submits that the orders passed by this Court quashing of the notification dated 15.01.2015 is under challenge before the Supreme Court in SLP and the Supreme Court DINESH BANSAL 2023.08.11 16:09 I attest to the accuracy of this order Chandigarh

CWP-17429-2023 -2- 2023:PHHC:104167 has directed that the contempt petitions could not be filed which amounts to stay the order of the Court.

In these circumstances, filing fresh writ petition for the same cause of action would not lie and in the opinion of this Court, the writ petition is found to be misconceived and accordingly, the same is dismissed. However, the dismissal of the writ petition would not come in the way of the petitioners if the judgment of the Supreme Court is passed in their favour and application to the present petitioners also. (SANJEEV PRAKASH SHARMA) 10.08.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.08.11 16:09 I attest to the accuracy of this order Chandigarh