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High Court of Punjab and HaryanaRA-CW/382/2023allowed

Deepak And Others v. State Of Haryana And Another

2023-11-08Mr. Justice Harsimran Singh Sethi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 117-4 Decided on :08.11.2023 (1) Deepak And Others . .Petitioners

Versus

State of Haryana and Another . . . Respondents (II) RA-CW-380-2023 in CWP- 1158-2020 (O&M) Sandeep And Others . .Petitioners

Versus

State of Haryana and Another . . . Respondents (III) RA-CW-373-2023 in CWP- 1737-2020 (O&M) Naseeb Singh And Others . .Petitioners

Versus

State of Haryana and Another . . . Respondents (IV) RA-CW-378-2023 in CWP- 2852-2020 (O&M) Alok Kumar . .Petitioner

Versus

State of Haryana and Another . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. R. S. Dhull, Advocate for the petitioner. Mr. Pankaj Middha, Additional Advocate General, Haryana. **** HARSIMRAN SINGH SETHI , J. (Oral) CM-18905-CWP-2023 CM-18865-CWP-2023 CM-18676-CWP-2023 CM-18758-CWP-2023 Allowed as prayed for.

-22023:PHHC:134250 RA-CW-382-2023 RA-CW-380-2023 RA-CW-373-2023 RA-CW-378-2023 Learned counsel for the review-applicant(s) submits that inadvertently at the time when the main petition(s) were taken up for hearing, certain facts could not be brought to the notice of this Court due to which, the order dated 19.09.2023 was passed in the main petitions, which is causing prejudice to the petitioner(s), where as an order dated 04.10.2023 has already been passed by this Court in a bunch of petitions on the similar facts and circumstances hence, the said order dated 19.09.2023 may kindly be recalled with a further prayer that the present petition(s) be also disposed of in terms of the order passed in a bunch of petitions decided by this Court on 04.10.2023.

Notice in the application.

Mr. Pankaj Middha, Additional Advocate General, Haryana, accepts notice on behalf of respondents and does not raise any objection in case prayer made in the present application is allowed. Keeping in view the above, the order dated 19.09.2023 is ordered to be withdrawn and the writ petitions i.e. CWP- 411-2020, CWP1158-2020, CWP- 1737-2020 &CWP- 2852-2020 are restored to its original numbers and status.

Review applications stand allowed CWP- 411-2020 , CWP- 1158-2020, CWP- 1737-2020, CWP- 2852-2020 Learned counsel for the petitioner(s) submits that the petitioner(s) are to be kept out of the purview of the policy dated 30.06.2022 as amended from time to time or the claim of the similarly situated employees has either been accepted by the Government or, they have

-32023:PHHC:134250 been allowed to raise the said claim before the Government for their appreciation.

Learned counsel submits that petitioner(s) be also given liberty to approach the respondents to raise the claim that they are also liable to be kept out of the purview of the policy dated 30.06.2022 as amended time to time and the said claim be decided in a time bound manner as decided in the cases of the other similarly situated employees covered by the order dated 04.10.2023.

Learned counsel for the respondents submits that in case any representation is received from the petitioner(s) that they should be kept out of the preview of the police dated 30.06.2022 as amended from time to time the same will be decided by the competent authority within a period of eight weeks of the receipt of any such representation by passing an appropriate speaking order and in case, after the decision, the petitioner(s) are found entitled for any benefit, the same will be extended to them without any further delay.

Learned counsel for the petitioner(s) submits that keeping in view the statement of learned State counsel, the present petition may kindly be disposed of having been not pressed any further. Ordered accordingly.

Civil miscellaneous application pending, if any, is also disposed of.

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

(HARSIMRAN SINGH SETHI) JUDGE 08.11.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No