Somveer Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-20907-2022 (O&M) Date of Decision:14.09.2022 Somveer Singh .....Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Parmod Kumar Parmar, Advocate for the petitioner.

Mr. Pankaj Middha, Addl.A.G., Haryana.

***** ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of Certiorari for quashing order dated 18.01.2022 (Annexure P-4) whereby, the respondent authorities have declined the request of the petitioner to join on the post of Stamp Auditor. 2.

Succinct facts first. Petitioner is working on the post of Head Registration Clerk in Deputy Commissioner Office, Mahendergarh at Narnaul. He joined the service on 17.04.2012 on the post of Clerk. Petitioner appeared for the examination for the post of Stamp Auditor in the department through proper channel. He cleared the examination and was selected on the post of Stamp Auditor vide order dated 22.07.2021. However, he did not join within the stipulated time and thereafter he sent an application dated 09.08.2021 (Annexure P-2) to the department that he could not join on time because of the illness of his mother. He again made a request to the department on 29.10.2021 that since his mother had recovered from illness he may be allowed to join on the post of Stamp Auditor. Finding no response from the respondents, the petitioner sought ASHISH 2022.09.22 09:34

CWP-20907-2022 (O&M) -2information from the department whereby the petitioner was supplied copy of the impugned order dated 18.01.2022 (Annexure P-1). Hence, the petitioner is before this Court.

3.

Perusal of the above mentioned impugned order leaves no manner of doubt that there is nothing of any kind for warranting interference by this Court. In any case, even otherwise it is the petitioner himself who prompted the competent authority to pass the impugned order by virtue of his request vide application dated 09.08.2021 (Annexure P-21) conveying that even though he had been selected on the post in question but he could not join for personal reasons on the said post. That apart, the petitioner was selected on the post in question vide order dated 22.07.2021 (Annexure P-1) i.e. more than a year ago, whereupon the petitioner was supposed to join on the said post within 30 days from the date of order (Annexure P-1). Not only the petitioner chose to not join on the post in question but by his sheer acquiescence allowed the competent authority to believe that he has forgone his right on the said post.

4.

In the premise, the petitioner having invited the impugned order himself, he can not now turn around and find fault with the same. 5.

Dismissed.

(ARUN MONGA) JUDGE September 14, 2022 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2022.09.22 09:34