C.W.P. No. 14501 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No. 14501 of 2009
DATE OF DECISION: October 22, 2009
Bhagwant Singh .........PETITIONER(S)
VERSUS
State of Punjab and Others ......RESPONDENT(S)
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
Present: Dr. Narinder Lucky, Advocate,
for the petitioners.
Mr. B.S. Chahal, DAG, Punjab.
AJAI LAMBA, J. (ORAL)
This civil writ petition has been filed under Articles 226 and 227
of the Constitution of India praying for issuance of a writ in the nature of
mandamus directing the respondents to release payments in pursuance to
orders dated 02.09.2002 and subsequent orders placed on record as
Annexures P-1 to P-3.
It seems that the petitioner had earlier approached this Court by
way of filing CWP No. 13931 of 2002 praying for completion of service
book. The petition was disposed of on 02.09.2002 with direction to
respondent no. 2 to ensure that service book of the petitioner is completed
within six months from the date of receipt of certified copy of the order.
Since the needful had not been done, Contempt of Court Petition
C.W.P. No. 14501 of 2009 2
bearing No. 243 of 2004 was filed which was disposed of on 12.07.2004 in
view of the affidavit of the respondents that service book had been
completed and salary had been fixed according to Rules. Some amount
regarding arrears have been paid to the petitioner. In regard to the
remaining amount of arrears, it was directed that the petitioner would be at
liberty to file representation which would be disposed of by the respondents
within three months of receipt of representation.
Order Annexure P-3 is an order passed in COCP No. 344 of 2005
decided on 17.08.2006. This Court has noticed that the respondents are
guilty of not complying with directions issued by the Court within
stipulated period or within reasonable period. The petition was disposed of
with directions to the respondents to pay costs Rs.10,000/- to the petitioner.
Further Principal Secretary to Government of Punjab, Department of
Education was directed to determine the responsibility of those who are
responsible for the delay in completion of service book of the petitioner.
Direction further had been given to the effect that consequential service
benefits be released to the petitioner. Six months’ time was given to the
respondents vide order dated 17.08.2006.
In this present petition, notice of motion was issued and DPI,
Senior Secondary, Punjab, was directed to remain present in court. Mr.
Sukhwinder Singh having additional charge of the post is present in Court
and states that the petitioner had remained absent for certain periods for
which final orders have not been passed.
I find that the respondents have been repeatedly showing
disregard to the rights of the petitioner. Service book is required to be
maintained by the Head of the department concerned which was not done.
C.W.P. No. 14501 of 2009 3
The petitioner had to make a number of representations in view of the fact
that the claims arising in lieu of service rendered by the petitioner could not
be finalized without the service book. Finally the petitioner had to approach
this Court. Orders were passed.
In total disregard even to the orders passed in CWP No. 13931 of
2002 dated 02.09.2002, the needful had not been done. The petitioner was
forced to file Contempt of Court Petition bearing no. 243 of 2004.
Affidavit was filed on behalf of the respondents, however, only a part of
duty had been performed by the respondents. For the remaining part, the
petitioner had to again file a representation.
The petitioner again had to approach this Court by way of filing
COCP bearing No. 344 of 2005 which was disposed of after noticing that
the respondents had committed contempt, however, while giving certain
directions, the matter was disposed of while imposing Rs. 10,000/- as costs.
The last Contempt Petition was disposed of on 17.08.2006. I find
that till 2009, all the matters in relation to the service of the petitioner have
not been finalized.
I am constrained to observe that the conduct of the respondents
shows their inefficiency and total disregard to the rights of the employees of
the respondents. The respondents have even not complied with the orders
passed by this court, in view of undertaking given by way of affidavits, as is
evident from facts noticed above.
This petition is disposed of with a directions to Sh. Sukhwinder
Singh, DPI (SE) Punjab to ensure that all the issues in relation to the service
of the petitioner are decided within a period of two months from today.
However, in view of the proceedings noticed above and the agony of
C.W.P. No. 14501 of 2009 4
litigation that the petitioner had to face till date, the petitioner would be
compensated by way of Rs.20,000/- as costs, the burden of which would be
borne by officials/officers who are responsible for showing disregard to the
orders of the Court and to the rights of the petitioner.
22.10.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not?
2. Whether the judgment should be reported in the Digest?