Pushp Lata vs Union Of India And Others
2022 Latest Caselaw 17666 P&H

128          IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                              CWP-30281-2022 (O&M)
                                              Date of Decision: 23.12.2022

Pushp Lata                                                   ...... Petitioner
                                Versus
Union of India and others                                    ......... Respondents
CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present :Ms. Puja Chopra, Advocate,
         for the petitioner.
                               *****
RAJBIR SEHRAWAT, J. (ORAL)

This is a petition filed under Articles 226/227 of the

Constitution of India seeking issuance of a writ in the nature of Certiorari for

quashing of advertisement dated 09.04.2022 (Annexure P-1), vide which

some favorite candidate is likely to be adjusted/replaced as Laboratory

Assistant at ECHS Polyclinic Patiala at the post on which the petitioner has

been working since 2004, with certain other prayers made in the present

petition.

A perusal of the present petition shows that the matter involved

in this petition stands already decided by the judgment of a Co-ordinate

Bench of this Court in CWP No.7378 of 2020 titled as Som Dutt Vs. Union

of India and others, decided on 24.03.2021.

Since, the issue involved in the present petition is squarely

covered by the above said judgment, therefore, the present petition is

dismissed in terms of the above said judgment rendered in CWP No.7378 of

2020.

Although, the counsel for the petitioner has submitted that in

LPA against a similar judgment dated 24.05.2022 passed in CWP-833-2021

titled as Archit Sharma Vs. Union of India and others; the Division

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Bench of this Court has granted status quo regarding the service of the

petitioner/appellant(s) in that case, therefore, the petitioner(s) be also

protected till he approaches the Division Bench in appeal, however, since the

operation of the order/judgment passed by the Single Bench, which is

subject-matter of the above said LPA; has not been stayed by the Division

Bench and this Court is disposing of the writ petition finally, therefore, this

Court does not find it appropriate to grant any interim protection till filing of

the appeal.

The pending miscellaneous application, if any, is also disposed

of as such.

                                                      (RAJBIR SEHRAWAT)
                                                            JUDGE
23.12.2022
adhikari
                    Whether speaking/reasoned                     Yes/No
                    Whether Reportable                            Yes/No




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