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High Court of Punjab and HaryanaCWP/3398/2018disposed of

Gaganpreet Singh v. State Of Punjab & ORS

2024-05-02Mr. Justice Aman Chaudhary10 pages

other connected cases 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 233+249 CWP-3398-2018 (O&M) Date of Decision: 02.05.2024 1) Gaganpreet Singh 2) CWP-8931-2021 (O&M) Shinder Pal Kaur 3) CWP-11548-2015 (O&M) Paramjit Kaur 4) CWP-17053-2015 (O&M) Palwinder Kaur 5) CWP-184-2017 (O&M) Buta Singh

other connected cases 2 6) CWP-1260-2020 (O&M) Harpreet Singh 7) CWP-12688-2016 (O&M) Sukhpreet Singh 8) CWP-12689-2016 (O&M) Gursewak Singh 9) CWP-14040-2016 (O&M) Jaswant Singh 10) CWP-13171-2018 (O&M) Sarabjit Kaur

other connected cases 3 11) CWP-14061-2018 (O&M) Kulwinder Kaur 12) CWP-14971-2020 (O&M) Baljeet Kaur 13) CWP-22260-2019 (O&M) Pardeep Singh 14) CWP-2501-2017 (O&M) Gurjeet Singh 15) CWP-25166-2021 (O&M) Rashvi Lata

other connected cases 4 16) CWP-3243-2017 (O&M) Jeevan Singh 17) CWP-5531-2017 (O&M) Jaspreet Singh 18) CWP-6805-2017 (O&M) Simerjeet Singh 19) CWP-6822-2017 (O&M) Baljit Singh 20) CWP-7580-2017 (O&M) Sunil Rani

other connected cases 5 21) CWP-8173-2017 (O&M) Ranveer Singh 22) CWP-5705-2019 (O&M) Dilpreet Kaur 23) CWP-6367-2020 (O&M) Nanak Singh and others

...Petitioners

24) CWP-6372-2020 (O&M) Karamjit Singh 25) CWP-21028-2020 (O&M) Karnail Singh 26) CWP-23109-2016 (O&M) Manjot Kaur

other connected cases 6 27) CWP-23696-2018 (O&M) Jasvir Kaur 28) CWP-24852-2022 (O&M) Baby 29) CWP-24897-2021 (O&M) Manpreet Singh 30) CWP-25637-2017 (O&M) Nachhattar Kaur and others

...Petitioners

31) CWP-298-2020 (O&M) Harpal Singh 32) CWP-3499-2020 (O&M) Lakhwinder Singh and another

...Petitioners

other connected cases 7 33) CWP-8872-2021 (O&M) Manvinder Singh and another

...Petitioners

34) CWP-3300-2021 (O&M) Mewa Singh and others

...Petitioners

35) CWP-5397-2020 (O&M) Sukhmander Singh and another

...Petitioners

36) CWP-6225-2021 (O&M) Gurdeep Singh 37) CWP-9833-2017 (O&M) Beant Singh 38) CWP-18745-2019 (O&M) Kulwinder Singh

other connected cases 8 39) CWP-22291-2021 (O&M) Pardeep Singh 40) CWP-3233-2020 (O&M) Satpal Singh 41) CWP-6403-2022 (O&M) Pinky Sharma 42) CWP-5395-2020 (O&M) Pargat Singh and another

...Petitioners

43) CWP-6518-2017 (O&M) Sandeep Kaur 44) CWP-7213-2022 (O&M) Ankit Singla

other connected cases 9 45) CWP-1604-2024 (O&M) Sumanpreet Kaur CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ****

Present:

Mr. Arun Gupta, Advocate for the petitioners in CWP-3398-2018, CWP-9833, 6518 and 6805 of 2017, CWP-18745-2019, CWP-3233-2020, CWP-22291-2021 and CWP-24852, 6403, 7213 of 2022. Mr. J.P.S. Sidhu, Advocate for the petitioners. Mr. Nitesh Singla, Advocate for the petitioner in CWP-1604-2024.

Mr. A.K. Walia, Advocate for the petitioners in CWP-25637-2017.

Mr. Gagneshwar Walia, Addl. A.G., Punjab.

***** AMAN CHAUDHARY J. (Oral) 1.

These cases involve similar issues and therefore, are being disposed of together by this common judgment. 2.

The prayer in the present petitions is for quashing the order dated 28.07.2014, Annexure P-3 and Clause 3 & 4 of guidelines dated 03.03.2014 as also the criteria for determining cases of exceptional hardship and further directing the respondents to appoint the petitioners on Government job. 3.

Learned counsel would submit that the petitioners were entitled for appointment in terms of the policy dated 08.11.2011, Annexure P-1 on account of the acquisition of their land having taken place for establishing

other connected cases 10 Peona Power Plant at village Gobindpura. There are different grounds on which their claims have been rejected by the Deputy Commissioner, which form basis of challenge in these cases but the judgments in their favour that deal with the issues of cutoff date, hardship clause etc., are required to be taken into consideration, for which they pray the higher officer be directed to have a relook in the matter in a time bound manner. 4.

Learned State counsel, on instructions, submits that a High Level Committee consisting of Commissioner Division, Faridkot, District Attorney, Legal, Mansa, District Revenue Officer, Mansa, Sub-divisional Magistrate, Budhlada will be constituted with a representative of the department concerned as well, to look into these aspects. 5.

The aforesaid satisfied the learned counsel for the petitioners. 6.

In view of the aforesaid, the present writ petitions stand disposed of for the Committee to be formed to examine the claims of the petitioners afresh within a period of six months, by taking into consideration the pleas and judgments, which the petitioners may raise and cite during course of personal hearing be afforded to them, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, if found entitled, grant them the benefit forthwith. Needless to say, if the orders are adverse to their interest, the same shall contain reasons and the petitioners shall be free to seek legal redress. 7.

A photocopy of this order be placed on the file of connected cases.

(AMAN CHAUDHARY) JUDGE 02.05.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No