Dismissed

Mohinder Singh v. State of Haryana and Ors.

Punjab & Haryana HC16 May 2012CWP/14485/1994

Case brief

AI extract

What is this about?

Petitioner filed a writ for quashing an order reverting him to Head Constable, after earlier interim orders had placed him in promotion. Court held petition infructuous as petitioner had already retired, but did not withdraw previously granted promotions.

What did the court decide?

Writ petition disposed off as infructuous; promotions granted under earlier interim orders shall not be withdrawn.

Mohinder Singh Vs State of Haryana… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

CWP No.14485 of 1994

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.14485 of 1994 Date of decision:16.05.2012

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Sub Inspector Mohinder Singh

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.....Petitioner

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Versus

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State of Haryana and others

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE G.S.SANDHAWALIA

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Present: Mr. H.S.Gill, Senior Advocate with

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Ms. Neha Sharma, Advocate for the petitioner.

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Ms. Aakanksha Sawhney, DAG, Haryana for the respondents

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G.S.Sandhawalia J, (oral).

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The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing the order dated 29.9.1994 (Annexure P-3) passed by respondent no.3 whereby the petitioner was reverted to the post of Head Constable.

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The petitioner was serving as Adhoc Assistant Sub Inspector in the Haryana Police, who was reverted to the post of Head Constable. While admitting the writ petition, a Division Bench of this Court was pleased to stay the operation of the impugned order (Annexure P-3). Thereafter, Civil Misc. Application No.10875 of 1995 had been filed by the petitioner wherein the following direction was issued on 29.2.1996:-

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“After hearing learned counsel for the parties, it is ordered that the petitioner shall not be reverted from the post of Head Constable till such time the next course starts. If the petitioner attends the course he will join the same as Head Constable.

CWP No.14485 of 1994

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Case of the petitioner for promotion to the post of Assistant Sub Inspector shall be considered immediately after completion of the course and if he is found eligible, he shall be promoted. Interim order dated 7.10.1994 is modified to the extent indicated above. Civil Misc. stands disposed of accordingly.”

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Counsel for the petitioner states that the petitioner already stands retired as Sub Inspector in pursuance of the order of this Court. The interim orders were passed 15 years back and it would be highly inequitable at this point of time to disturb the settled position.

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Accordingly, the present writ petition is disposed off as having been rendered infructuous. However, it is made clear that promotions which had been granted to the petitioner in pursuance of the interim orders of this Court shall not be withdrawn and no adverse order will be passed in pursuance of the disposal off the writ petition.

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16.05.2012 Pka

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(G.S.Sandhawalia) Judge

Mohinder Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Mohinder Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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