Partly allowed
Iqbal Mohammad Tur v. State of Hry. and Ors.
Punjab & Haryana HCCWP/491/2007
Case brief
from the order text
What is this about?
COURT OF PUNJAB AND HARYANA AT CHANDIGARH.…
What the court decided
AI extract
COURT OF PUNJAB AND HARYANA AT CHANDIGARH.…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CIVIL WRIT PETITION NO. 11086 OF 2006 DATE OF DECISION: February 01, 2008
Parties Name
Mahender Singh
..PETITIONER
VERSUS
State of Haryana and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH
PRESENT: Mr. S.R.Hooda, Advocate, for the petitioner.
Mr. Harish Rathee, Sr. D.A.G., Haryana, for respondents No. 1 to 5.
JASBIR SINGH, J. (oral)
Order.
By filing this writ petition, petitioner is seeking promotion to the post of Deputy Superintendent. Shri Rathee has put on record copy of order dated September 7, 2007, which shows that during the pendency of this writ petition, the petitioner was promoted to the above said post. In view of the order passed, this writ petition has become infructuous and the same is disposed of accordingly.
( Jaswant Singh) February 01, 2008. Judge DKC
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CIVIL WRIT PETITION NO. 13825 OF 2006 DATE OF DECISION: February 01, 2008
Parties Name
Bijender
..PETITIONERS
VERSUS
State of Haryana and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH
PRESENT: Mr. S.R. Hooda, Advocate, for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana, for respondents No. 1 to 3.
JASBIR SINGH, J. (oral)
Order.
After arguing for some time, counsel for the petitioner wishes to withdraw this writ petition with a view to pursue his pending complaint under Section 166 & 167 of the Indian Penal Code. Ordered accordingly.
( Jasbir Singh ) Judge
( Jaswant Singh) February 01, 2008. Judge DKC
C.W.P. No. 15362 of 2006
Present: Ms. Alka Chatrath, Advocate, for the petitioner Mr. Harish Rathee, Sr. D.A.G., Haryana for the respondents- 1 to 3.
Arguments heard. Judgment reserved.
(Jasbir Singh ) Judge ( Jaswant Singh ) February 01, 2008 Judge DKC
CM No. 1909 of 2008 in C.W.P. No. 16460 of 2006
Present: Mr. R.S. Sangwan, Advocate, for the petitioner Mr. Harish Rathee, Sr. D.A.G., Haryana for the respondent- 1.
CM application is allowed and replication is taken on record.
CWP No. 16460 of 2006
Arguments heard. Judgment reserved.
(Jasbir Singh ) Judge ( Jaswant Singh ) February 01, 2008 Judge DKC
C.W.P. No. 19192 of 2006
Present: Mr. R.N.Sharma, Advocate, for the petitioner Mr. Harish Rathee, Sr. D.A.G., Haryana for the respondents
Arguments heard. Judgment reserved.
(Jasbir Singh ) Judge ( Jaswant Singh ) February 01, 2008 Judge DKC
C.W.P. No. 18539 of 2006
Present: Mr. Nigam Bhardwaj, Adv., for Mr. R.K.Malik, Advocate, for the petitioner Mr. Harish Rathee, Sr. D.A.G., Haryana for the respondents.
On request, adjourned to May 2, 2008.
(Jasbir Singh ) Judge ( Jaswant Singh ) February 01, 2008 Judge DKC
C.W.P. No. 3949 of 2007
Present: Mr. Nigam Bhardwaj, Adv., for Mr. R.K.Malik, Advocate, for the petitioner Mr. Harish Rathee, Sr. D.A.G., Haryana for the respondents.
On request, adjourned to May 2, 2008.
(Jasbir Singh ) Judge ( Jaswant Singh ) February 01, 2008 Judge DKC
C.W.P. No. 20567 of 2006
Present: Mr. Nigam Bhardwaj, Adv., for Mr. R.K.Malik, Advocate, for the petitioner Mr. Harish Rathee, Sr. D.A.G., Haryana for the respondents.
On request, adjourned to May 2, 2008.
(Jasbir Singh ) Judge ( Jaswant Singh ) February 01, 2008 Judge DKC
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CIVIL WRIT PETITION NO. 491 OF 2007 DATE OF DECISION: February 01, 2008
Parties Name
Iqbal Mohammad Tur
..PETITIONER
VERSUS
State of Haryana and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH
PRESENT: Mr. R.S. Bairagi, Advocate, for the petitioner.
Mr. Harish Rathee, Sr. DAG, Haryana, for the respondents.
JASBIR SINGH, J. (oral)
Order.
Counsel for the petitioner states that this writ petition has become infructuous, as during its pendency, grievance of the petitioner has been redressed. Disposed of accordingly.
( Jasbir Singh ) Judge ( Jaswant Singh) February 01, 2008. Judge DKC
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CIVIL WRIT PETITION NO. 7701 OF 2006 DATE OF DECISION: February 01, 2008
Parties Name
Adarsh Jain and another
..PETITIONERS
VERSUS State of Punjab and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH
PRESENT: Mr. J.S.Duhan, Advocate, for the petitioners.
Mr. A.S.Grewal, Addl. A.G., Punjab for the respondents.
JASBIR SINGH, J. (oral)
Order.
Petitioners have filed this writ petition to lay challenge to order Annexure P-10 dated June 30, 2005, vide which benefit given to them earlier for ad hoc service, rendered by them, was withdrawn and recovery was ordered for the amount paid to them in excess. At the time of arguments, counsel for the petitioner states that in view of judgment Annexure R-1, petitioners are not pressing their claim so far as benefit of ad hoc service of 89 days, rendered by them is concerned. Their only grievance is that recovery of the amount cannot be ordered against the petitioners as they had not made any misrepresentation and they were not instrumental in getting higher pay fixed after giving them benefit of 89 days' service, rendered by them. It was unilateral decision of the State Government and for the same, the petitioners cannot be penalised. Be that
CIVIL WRIT PETITION NO. 7701 OF 2006 -2-
as it may, a reading of the written-statement, filed by the respondents, indicates that after passing order Annexure P-10, the State Government has taken a decision not to recover the amount from the petitioners and other similarly situated employees. This fact is apparent from the document Annexure R-2 dated March 17, 2006.
In view of facts, mentioned above, we partly allow this writ petition and direct the respondents- authorities not to effect recovery from the petitioners in view of order Annexure R-1.
( Jasbir Singh ) Judge ( Jaswant Singh) February 01, 2008. Judge DKC
3 issues framed by the court
Whether the writ petition for promotion has become infructuous since the petitioner was promoted during its pendency.
Whether the writ petition seeking withdrawal of recovery of ad hoc service benefit should be allowed.
Whether the state authorities were directed not to recover the excess amount from petitioners based on a subsequent decision.
Mahender Singh
State of Haryana
Bijender
State of Punjab
Adarsh Jain
Jasbir Singh
Jaswant Singh
As recorded by the court registry
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