Sawrajpreet Singh And ORS v. State Of Punjab And ORS




    
  LPA No. 647 of 2018 (O&M) in CWP No. 5770 of 2017 Date of Decision: 30.05.2018.

Sawrajpreet Singh and others ....Appellants versus State of Punjab and others ....Respondents.

  

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Present:

Mr. R.K.Arora, Advocate, for the appellants. Mr. Suveer Sheokand, Additional Advocate General, Punjab for respondent Nos.1 to 3.

Mr. Gagneshwar Walia, Advocate, for respondents No. 4 to 48. **

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)* The order passed by the learned Single Judge dated 05.04.2018 has been impugned by filing the present intra9court appeal. The short grievance raised by learned counsel for the appellants is that though they had been impleaded as respondents No. 7 to 18 in the writ petition, but before disposal of the writ petition they were not served. The appeal has also been filed on behalf of the appellants No.11 to 15, alongwith an application seeking permission to file the appeal, as they were also adversely affected by the impugned order. CM No. 17639LPA of 2018 seeking permission to file the appeal on behalf of appellant Nos. 11 to 15 is allowed. Ravinder Sharma 2018.07.03 16:54 I attest to the accuracy and integrity of this document

  

 [2] The appellants in the present case were selected and appointed as Surveyors in the Department of Soil and Water Conservation, Punjab. They are working for the last about 2 years. However, their selection was challenged raising a grievance that they were not qualified for the post. The stand of the appellants is that they had the higher qualification than the qualification prescribed in the rules and were therefore eligible. The matter had been examined by the committee constituted and only thereafter they were offered appointments.

The impugned order has been passed by the learned Single Judge adversely affecting the rights of the appellants, a fact which is not in dispute. Therefore, we deem it appropriate to set aside the order passed by the learned Single Judge and remit the matter back for a decision afresh. Accordingly, the appeal is allowed. The writ petition be listed on 01.08.2018 before the learned Single Judge as per roster and be heard on9 merits after hearing all parties including the private respondents. + (
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), .//01/23         ravinder Whether speaking/reasoned: √Yes / No Whether reportable :

Yes / No Ravinder Sharma 2018.07.03 16:54 I attest to the accuracy and integrity of this document