Mahabir Singh and Others Vs State of Haryana and Others

Present Civil Writ Pe��on under Ar�cles 226/227 of the Cons�tu�on of India has been filed by the pe��oner for issuance of a writ in the nature of cer�orari quashing the order dated 12.07.2018 (Annexure P-9), whereby the claim of the pe��oners for regulariza�on of their services from the dates of their respec�ve joining has been declined by relying upon le�er No. 3601-21/AE-3/E-2 dated 13.07.2009; and Issue a writ in the nature of mandamus direc�ng the respondents to regularize the services of the pe��oners from the dates of their respec�ve joining in terms of the order dated 06.10.2008 (Annexure P-2) passed by the Transport Commissioner, Haryana vide Le�er No. 25798-25820/A2/E3; and the order dated 31.10.2008 (Annexure P-4) passed by the General Manager, Haryana Roadways, Jind, as similarly situated employees have already been granted the said relief vide orders dated 14.01.2009 (Annexure P-10) and 10.02.2009 (Annexure P-11) passed in CWP Nos. 6076 and 6937 of 2007, respec�vely.

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NEELAM KUMARI 2026.07.21 17:43 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CWP-7281-2019 (O&M)

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At the very outset, ld. counsel for the pe��oners has pointed out that the present case is covered by the decision rendered by Hon’ble Division Bench of this Court in LPA No. 2381 of 2016 �tled as State of Haryana and others vs. Sh. Kuldeep Singh and others decided on 01.05.2025. It is submi�ed that although the said decision is adverse to the interest of the pe��oner, however, pe��oner is bound by the said ruling. It is accordingly prayed that the present writ pe��on be also disposed of in the same terms.

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Ld. counsel for the respondents has not disputed the above-stated posi�on and has pointed out that the pe��oners had previously moved an applica�on CM-8711-CWP-2025, thereby praying for the lis�ng of the present main Civil Writ Pe��on.

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Ld. State counsel Submits that the respondents have no objec�on in case the present case is disposed of in terms of the above LPA No. 2381 of

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2016 .

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Heard.

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A perusal of CM-8711-CWP-2025, shows that in para Nos. 5 and 7 thereof, it is pleaded as follows:-

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“5. That a perusal of case status (Annexure A -2) would reflect that one another LPA bearing No. 2381 of 2016 was being heard along with LPA No. 2234 of 2016 and LPA No. 533 of 2017. It however transpires that one CWP bearing No. 105 of 2025 came to be filed before this Hon'ble High Court and perusal of the order dated 09.01.2025 in said Writ pe��on would reflect that the LPA bearing No. 2381 of 2016 was filed against the Judgement dated 18.05.2016 (the same Judgement against which LPA 533 of 2017 was filed) and the LPA No. 2381 of 2016 stands admi�ed. The copy of the order dated 09.01.2025 is annexed herewith as Annexure A-3. Therefore, it transpires that the ques�on of Law

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NEELAM KUMARI 2026.07.21 17:43 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

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CWP-7281-2019 (O&M)

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involved in LPA No. 533 of 2017 is same as that of LPA No. 2381 of 2016, as both of them have been filed against the Judgement dated 18.05.2016.

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7. That it may kindly be noted here that a perusal of order dated 30.01.2023 would reflect that the present pe��on had been adjourned sine die solely for the reason that the ma�er in issue is pending considera�on before the Division Bench. The case status (Annexure A-2 and A-4), would reflect that the ma�er in issue in the present Writ Pe��on has been duly adjudicated and disposed off by the Division Bench of this Hon'ble Court and thus the present Writ pe��on ought to be revived for considering the case of the applicant - pe��oner.”

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Thus, pe��oner has admi�ed the parity between the issue(s) involved in the present case, with that of the issue(s) adjudicated by the Division Bench in LPA No. 2381 of 2016 and LPA-533 of 2017. Order sheets of the present case also reveal that vide order dated 30.01.2023, the present writ pe��on has been adjourned sine die at request of learned counsel for the pe��oner. Again vide orders dated 06.08.2005 and 29.08.2025, the present CWP was adjourned at the request of learned counsel for the pe��oner to await decision in the LPA No. 2381 of 2016. Accordingly, the present writ pe��on is disposed of in terms of the judgment of the Hon’ble Division Bench of this Court in LPA No. 2381 of 2016 �tled as State of Haryana and others vs. Sh. Kuldeep Singh and others.

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