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KITABA versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Kitaba v. State of Haryana & Ors - CWP-19437-2006 [2006] RD-P&H 12214 (8 December 2006)

C.W.P.No.19437 of 2006 1

In the High Court of Punjab and Haryana, Chandigarh.

C.W.P.No.19437 of 2006

Date of Decision: 11.12.2006

Kitaba ...Petitioner.

Versus

State of Haryana & Others ...Respondents.

CORAM: HON'BLE MR.JUSTICE M.M.KUMAR
HON'BLE MR.JUSTICE M.M.S.BEDI

Present: Mr.Shilak Ram Hooda, Advocate

for the petitioner.

JUDGMENT

M.M.KUMAR, J. (ORAL)

The petitioner has filed the instant petition under Article 226 of the Constitution for quashing order dated 24.11.2005 (Annexure P3) passed by respondent No.3. A further prayer has been made directing the respondents to regularize his services with all consequential benefits with effect from the date of completion of three years as per instructions of the Government issued from time to time.

It is appropriate to mention that earlier the petitioner has filed C.W.P.No.16703 of 2005, which was disposed of by a Division Bench of this Court, vide order dated 21.10.2005 (Annexure P2) directing the respondents to decide the legal notice sent by the petitioner by passing a speaking order within a period of two months. Consequently, the respondent No.3 passed the order dated 24.11.2005 (Annexure P3) which is subject matter of C.W.P.No.19437 of 2006 2

challenge in the instant petition.

Having heard the learned counsel, we are of the considered view that no such directions could now be issued for regularization of the services of the petitioner in view of the Constitution Bench judgment of Hon'ble the Supreme Court in the case of "Secretary, State of Karnataka v. Uma Devi" (2006) 4 SCC 1 as well as a detailed judgment of this Court in the case of "Rajinder Kumar v. State of Haryana" 2006(2) PLR 474.

Therefore, the instant petition fails and the same is dismissed.

(M.M.KUMAR)

Judge

December 11, 2006 (M.M.S.BEDI)

dkb Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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