SATYA PAL versus N.BALABASKAR & ANR.

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Satya Pal v. N.Balabaskar & anr. - COCP-678-2006 [2006] RD-P&H 6410 (1 September 2006)

IN THE HIGH COURT OF PUNJAB AND HARYRNA AT

CHANDIGARH

C.O.C.P. No.678 of 2006

Date of Decision:- 12.09.2006

Satya Pal ....Petitioner

through

Mr.R.K.Malik, Advocate

vs.

N.Balabaskar & anr. ....Respondents

through

Mr.R.D.Sharma, DAG, Haryana

***

CORAM:-HON'BLE MR.JUSTICE SURYA KANT
***

SURYA KANT, J.

Pursuant to the order dated August 10, 2006, an additional affidavit has been filed by respondent No.2 explaining the factual position in respect of posts of Apprentice Signallers.

In his affidavit dated 17.8.2006, Mr.J.S.Ahlawat, Engineer-in- Chief, Irrigation Department, Government of Haryana has stated that a requisition for 26 posts of Signallers was sent to Haryana Staff Selection Commission, however, the persons who were ordered to be reverted from those posts vide order dated 18.8.2005, have approached this Court by way of various writ petitions, the details of which are given in para 4 of the affidavit. In those writ petitions, their reversion has been stayed by this Court vide order dated 22.9.2005 and as a result thereof, the recruitment process for direct appointment has been presently kept in abeyance.

From the above stated stand taken by respondent No.2, it is apparent that there is no willful or deliberate disobedience of the directions contained in the order dated 6.9.2005 passed by this Court in C.O.C.P.No.730 of 2003 in C.W.P.No.18238 of 1999 (Annexure P-3) However, in view of the fact that the civil writ petitions in which reversion of the incumbents, who are holding the posts of Signallers, have been stayed by this Court, are still pending, this petition is disposed of with a direction to the respondents that if as a result of final decision in those writ petitions, there become available some vacant posts of Signallers, immediate necessary steps to fill up the same in terms of the directions issued by this Court vide order dated 6.9.2005 referred to above, be taken.

Disposed of.

Rule discharged.

September 12, 2006 ( SURYA KANT )

poonam JUDGE

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