High Court Punjab-Haryana High Court

Sumer Singh vs State Of Haryana And Others on 13 October, 2009

Punjab-Haryana High Court
Sumer Singh vs State Of Haryana And Others on 13 October, 2009
           C.W.P. No.15540 of 2007                               -1-

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

                         C.W.P. No.15540 of 2007

                         DATE OF DECISION: OCTOBER 13, 2009
Sumer Singh
                                                        .....PETITIONER
                                Versus

State of Haryana and others
                                                        ....RESPONDENTS

CORAM:      HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
                         ---

Present:     Mr.Jagdish Manchanda, Advocate,
             for the petitioner.

             Ms.Kirti Singh, A.A.G.,Haryana,
             for respondents No.1 to 3.

             Mr. Raman B. Garg, Advocate,
             for respondent No.4.
                    ..

SATISH KUMAR MITTAL, J.

The petitioner has filed the instant petition for issuing

directions to the Deputy Commissioner, Bhiwani (respondent No.3) and

Municipal Council, Bhiwani (respondent No.4) to absorb him on the post of

Clerk in accordance with the instructions dated 21.3.2006 (Annexure P7)

issued by the Haryana Government.

It is the case of the petitioner that when the employees of

Municipal Committees in Haryana went on strike, the petitioner was

selected and appointed by the SDM, Bhiwani and was directed to join his

duties on 24.12.1996. In the petition, it has not been disclosed on which

post he was selected and appointed and till when he had worked on the said

post. It is the case of the petitioner that no appointment letter was issued to

him. It is further stated that the said appointment was made in view of the
C.W.P. No.15540 of 2007 -2-

Government decision dated 20.12.1996 wherein it was decided that to

substitute the strike workers, the appointment be made from the open

market. It is further the case of the petitioner that subsequently the workers

on strike returned to work and thereafter the services of the petitioner were

terminated. In the petition, it has not been stated that when the services of

the petitioner were terminated and how many days he had worked. It is

further averred that on 13.5.1997 the Government had issued the

instructions to the effect that the employees who were engaged during the

strike period should be adjusted against the vacant posts, but no step was

taken by the respondents in terms of those instructions. It is further the case

of the petitioner that he had been repeatedly approaching the respondents by

making detailed representations, but no action was taken. It is further the

case of the petitioner that on 21.3.2006, Haryana Government had issued

fresh instructions to all the Deputy Commissioners in the State, calling upon

them to give the details of the employees who had worked during the strike

period in the Municipal Committees. In pursuance of the said instructions,

respondent No.3 submitted a detailed list to the office of respondent No.2 in

which the name of the petitioner finds mentioned as an employee who had

worked during the strike period. The petitioner also served a legal notice

upon respondent Nos.2 to 4. When no action was taken on the said legal

notice, the petitioner filed the instant writ petition.

In the written statement filed on behalf of respondents No.1 to

3, it has been stated that the petitioner did not work during the strike period

with Municipal Committee, Tosham (Bhiwani) and the question of issuance

of any appointment letter to him and taking him back in service does not

arise.

C.W.P. No.15540 of 2007 -3-

In the written statement filed on behalf of respondent No.4, it

has been stated that the petitioner was not appointed in Municipal Council,

Bhiwani or elsewhere. As per the records of the Municipal Council,

Bhiwani as well as Municipal Committee, Tosham, the petitioner had not

worked at all during the strike period, which subsisted from 16.12.1996 to

4.3.1997. It has been stated that the petitioner has manipulated his name at

a later stage only to come illegally in municipal service. It has been further

stated that the name of the petitioner never figured in the list of employees

of strike period prepared in the wake of policy Annexures P-2 to P-4 and

forwarded to respondent No.2 in the year 1998. It has been stated that as per

the cash book and accounts, the petitioner was never paid any wages during

the strike period. It has also been specifically stated that the name of the

petitioner was forwarded by the Deputy Commissioner vide Annexure P-8/T

only on the basis of an application submitted by him without looking into

the record. It has further been stated that the petitioner has manipulated his

name at a later stage only to come in municipal service after a lapse of seven

years of the policy dated 13.5.1997 (Annexure P2) without having worked

during the strike period. The averments made on behalf of respondents No.1

to 3 and 4 have not been controverted at all.

After hearing the counsel for the parties and going through the

record of the case, I am of the opinion that the petitioner has filed false and

frivolous petition by claiming that he was appointed during the strike period

by SDM, Bhiwani and the Executive Officer, Municipal Committee,

Bhiwani, and after some time his services were terminated. In the petition,

even the petitioner has not disclosed on which post he was appointed and up

to which time he remained on that post. From the record, it appears that the
C.W.P. No.15540 of 2007 -4-

petitioner has totally made a false claim only on the basis of letter dated

25.4.2007 (Annerxure P8/T) written by the Deputy Commissioner, Bhiwani

to the Director, Urban Local Bodies, Haryana to the effect that the petitioner

had worked during the strike period from 24.12.1996 to 22.2.1997 in

Municipal Committee, Tosham. In the written statement filed on behalf of

the respondents, it has been specifically stated that the petitioner did not

work at all in Municipal Committee, Tosham (Bhiwani) and the said letter

was written only on the basis of the application made by the petitioner,

without verifying the facts from the records. If the petitioner had worked

for a particular period, he could have mentioned the said fact in the writ

petition. No such period has been mentioned in the writ petition. Further,

on 19.2.2007, the State Government had issued another policy letter to all

the Municipalities in the State, thereby conveying its decision not to re-

adjust the employees who had worked in the Municipalities during the

strike. The said policy decision has been upheld by this Court in CWP

No.5280 of 2006 (Narender Kumar Versus The Municipal Council, Ambala

City and others) decided on 11.03.2008, and rejected the claim of

appointment made under the previous policy. Keeping in view all these facts

and circumstances, I am of the opinion that this petition has been filed on

false facts. The petitioner was never appointed during the strike period and

he never worked and drawn any salary from Municipal Committee, Tosham

(Bhiwani).

Hence, this petition is dismissed with costs, which are assessed

as Rs.10,000/-.

October 13, 2009                       (SATISH KUMAR MITTAL)
vkg                                            JUDGE