High Court Punjab-Haryana High Court

Mohinder Pal vs State Of Punjab & Another on 21 August, 2009

Punjab-Haryana High Court
Mohinder Pal vs State Of Punjab & Another on 21 August, 2009
 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH



                            Civil Writ Petition No.12810 of 2009
                                   Date of Decision: August 21, 2009


Mohinder Pal
                                                   .....PETITIONER(S)

                                VERSUS


State of Punjab & Another
                                                  .....RESPONDENT(S)
                            .     .      .


CORAM:           HON'BLE MR. JUSTICE AJAI LAMBA


PRESENT: -       Mr. Vivek Sethi,              Advocate,      for
                 the petitioner.



                            .     .      .

AJAI LAMBA, J (Oral)

This civil writ petition has been

filed under Article 226/227 of the Constitution

of India praying for issuance of a writ in the

nature of mandamus, directing the respondents to

decide representation dated 3.7.2008 (Annexure

P-7) within a time bound period.

On going through the petition, I

find that without laying proper foundation in

regard to prima facie right of the petitioner,

the prayer has been made.

The facts, as pleaded, are that the

petitioner was recruited as Field Officer in
CWP No.12810 of 2009 [2]

Punjab Films and News Corporation in the year

1979. The said Corporation was wound up in 1992.

The petitioner was offered either `golden

handshake or absorption in some other Government

department’. The petitioner preferred to be

absorbed in Government department. The petitioner

claims that he having passed M.A. in History and

possessing a Post Graduate Diploma in Public

Relations, was entitled to a post commensurate to

his qualification.

Be that as it may, the petitioner

was given offer of absorption in Transport

Department on the post of Clerk w.e.f. 9.4.1992.

It seems that the petitioner accepted the said

offer and is working continuously since then in

Transport Department.

It has been pleaded that this Court

while dealing with Civil Writ Petition No.17266

of 1995 had directed the respondent-State to

absorb the persons working in the Scheme that was

under consideration of the Court in that case, on

suitable posts commensurate with their

qualifications which they possessed at the time

of their retrenchment.

I find that the first

representation made by the petitioner is Annexure

P-5 dated 13.7.2004. It thus transpires that the
CWP No.12810 of 2009 [3]

petitioner was satisfied with his absorption on

the post of Clerk for 12 years whereafter the

representation was filed.

Learned counsel has not been able

to show that the petitioner accepted absorption

on the post of Clerk under protest or had

protested within a reasonable period of time. The

petition suffers from delay and latches. Such

being the position, I do not find that the

petitioner, prima facie, has any right to invoke

the writ jurisdiction.

The petition is dismissed.


                                                         (AJAI LAMBA)
August 21, 2009                                            JUDGE
avin




1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?