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SURENDER SINGH TANWAR versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Surender Singh Tanwar v. State of Haryana & Ors - CWP-17092-1998 [2006] RD-P&H 2396 (19 April 2006)

CWP No17092 of 1998 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP No.17092 of 1998

DATE OF DECISION: 28.4.2006

Surender Singh Tanwar

....... PETITIONER

VERSUS

State of Haryana and others

..........RESPONDENTS

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

PRESENT: Dr.Balram K.Gupta,Sr.Advocate with Mr.Pankaj Sharma, Advocate for the petitioner.

Mr.Harish Rathee,Sr.DAG, Haryana.

Mr.HN Mehtani, Advocate for respondent No.2 The controversy raised in this writ petition is squarely covered by the decision of the Supreme court rendered in Virender Singh Hooda and others v State of Haryana and another 2005(1) RSJ 70. So it is for this reason that the instant writ petition was adjourned sine die to be taken after the decision of the Hon'ble Supreme Court .

Mr. H.N. Mehtani, learned counsel appearing for respondent CWP No17092 of 1998 2

No.2 has submitted that the vires of the Haryana Civil Services (Executive Branch) and Allied Services and other Services Common/Combined Examination Act,2002 have been upheld and no promotion could be given on the anticipated vacancy. The retrospective operation of the Act has been upheld by the Hon'ble Supreme Court and only Rule 4.3 of the Act has been adversely commented upon for its retrospective operation and the same has no bearing on the controversy raised in the writ petition.

Therefore, we find that the matter is squarely covered against the petitioner by the aforementioned judgment of the Hon'ble Supreme Court and accordingly we dismiss the writ petition.

( M.M.KUMAR )

JUDGE

( M.M.S. BEDI )

JUDGE

April 28,2006.

TSM


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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