Narinder Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : May 24, 2023 Narinder Singh ...... Petitioner

Versus

State of Punjab and others ...... Respondents CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN *** Present :-Mr. Ashok Bhardwaj, Advocate for the petitioner.

Mr. Aman Dhir, DAG., Punjab.

*** PANKAJ JAIN, J. (ORAL) 1.

The petitioner prays for issuance of writ in the nature of certiorari impugning the order dated 17.08.2022 (Annexure P-9) passed by respondent No.4 and communication dated 16.10.2019 (Annexure P-6) whereby the prayer of the petitioner for reinstatement stands declined. 2.

The petitioner was appointed as S.P.O. with the respondentdepartment on 28.8.1992 and was discharged on 01.03.1993 on the ground of willful unauthorized absence. The petitioner never impugned the aforesaid order of discharge and even in the present writ petition there is no challenge to the said order. The right for reinstatement is being claimed upon a policy decision taken by the State of Punjab to take S.P.Os back in service dated 14.05.2008 claiming that on basis thereof many S.P.Os have been reinstated in the year 2013.

3.

Even the aforesaid claim of the petitioner cannot be entertained in view of the fact that similarly situated persons claiming parity have been non-

suited by the Division Bench of this Court in LPA No. 1088 of 2018 (O&M) State of Punjab and others Vs. Shingara Singh and others decided on 07.07.2022. The Division Bench culling out the aforementioned issues observed as under:- (i) As to whether the writ petitions were maintainable at the belated stage after 15 years, only on account of legal notices having been served and directions issued by this Court to consider the same and whether the claim stood barred by delay and laches? (ii) That on account of certain persons being taken back or recalled would entitle the persons employed earlier as Home Guards to have any indefeasible right as such to be recalled for duty?"
       

               



  

      

                

 

!  
  " 

 

!   #$%& '(()'*!    

     % +

),),)'(          

     "     

  -.#                  

 

!      

  

    -   

 

!    

 !

 

  

  

  "       /0                   /      

       

  +



1')2)'34-

.

56     

7 



        "     

         

          

  

  
      "      

    

 1             

     +    

  

   8

4.

The aforesaid view taken by the Division Bench already stands affirmed by the Apex Court in SLP No. 36861-2022 . 5.

In view of the long delay in approaching this Court, the present writ petition is ordered to be dismissed.

( PANKAJ JAIN ) JUDGE May 24, 2023 archana Whether speaking/reasoned Yes Whether Reportable :

No