Petitioner challenged rejection of representation for civil suit regularisation. Court held writ jurisdiction inexecutable after exhaustive remedies and reliance on Uma Devi barring regularisation claims.
No relief granted as petition was dismissed challenging rejection of representation for regularisation.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.12828 of 2010
Satish Kumar
Vs.
State of Haryana & others
Present: Mr.Virender Kumar, Advocate, for the petitioner.
RANJIT SINGH, J.
The petitioner had filed a civil suit seeking regularisation. The suit was though decreed but appeal filed by the State was allowed and the judgment and decree were set-aside. The petitioner accordingly came before this court in Regular Second Appeal. Subsequently, he withdrew the Regular Second Appeal with liberty to file a representation. Thereafter, he has filed a representation which has been rejected. He has now filed the present writ petition to challenge that order.
Having failed in the civil suit, the petitioner cannot fairly invoke the writ jurisdiction of the court. In any case, the relief claimed is for regularisation. It would be difficult to allow the same in view of the law laid down in Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, 2006(4) SCC 1.
Dismissed.
July 23, 2010 ( RANJIT SINGH ) ramesh JUDGE
2 issues framed by the court
Whether a petitioner who failed in civil suit and subsequently withdrew regular second appeal can invoke writ jurisdiction for regularisation.
Whether the claim for regularisation warrants interference under the law laid down in Secretary State of Karnataka Vs. Uma Devi.
Colour shows how this judgement treated each authority
Satish Kumar
State of Haryana
Ranit Singh
Ramesh Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
