High Court of Punjab and Haryana, Chandigarh
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Dinesh Kumar v. Shri R.N. Prashar & Anr. - COCP-1627-2003  RD-P&H 8684 (16 October 2006)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
COCP No.1627 of 2003
Date of decision: October 16, 2006.
Shri R.N. Prashar & Anr.
Present: Shri Rajnish Gupta, Advocate for the petitioner.
Shri Ravi Dutt Sharma, Dy. Advocate General, Haryana for the respondents.
Surya Kant, J. (Oral)
The petitioner filed CWP No.5128 of 2000, which was disposed of by this Court vide order dated August 13, 2002 with a direction that, "in future if any appointment is to be made, the name of the petitioner will also be considered as per merit".
Alleging non-compliance of the above said order, this contempt petition has been filed.
In response to the show cause notice, both the respondents have filed their respective affidavits.
Respondent No.2 has stated in his affidavit, that no candidate has been appointed by the General Manager, Haryana Roadways, Sirsa where the petitioner was employed as a Junior Programmer on contract basis. It has been further averred that Sarvshri Naresh Kumar and Parveen COCP No.1627 of 2003 -: 2 :-
Kumar were appointed as Junior Programmers more than five years back by the G.M., Haryana Roadways, Faridabad and they having become surplus at Faridabad, were transferred to Sirsa and Kurukshetra depots. It was not a case of fresh recruitment from the open market where the petitioner, as per the directions issued by this court, could be considered on merit.
Learned Counsel for the petitioner states that subsequently some more appointments have also been made.
After hearing Learned Counsel for the parties and having regard to the fact that on the basis of the allegations made in the present petition, no case to proceed with these proceedings is made out, this petition is disposed of with a liberty to the petitioner to initiate appropriate proceedings on the basis of subsequent events, if any, before an appropriate forum, if so advised.
October 16, 2006. [ Surya Kant ]
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