Punjab-Haryana High Court
Ram Sanjeevan vs State Of Haryana And Others on 28 April, 2023
Neutral Citation No:=2023:PHHC:060647
2023:PHHC:060647
RA-CW-24-2019 IN CWP-23294-2015 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(203-34 cases)
RA-CW-24-2019 IN CWP-23294-2015 (O&M)
Date of decision:- 28.04.2023
Ram Sanjeevan ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-32-2019 in CWP-23011-2015 (O&M)
Maya ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-18-2019 in CWP-24815-2015 (O&M)
Shanti Devi ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-27-2019 in CWP-23059-2015 (O&M)
Satbir Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-30-2019 in CWP-16082-2015(O&M)
Ramesh Pal ...Petitioner
Versus
State of Haryana and others ...Respondents
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RA-CW-24-2019 IN CWP-23294-2015 (O&M) -2-
RA-CW-26-2019 in CWP-21990-2015 (O&M)
Naresh Kumar ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-25-2019 in CWP-22752-2016 (O&M)
Mohammad Rayis ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-16-2019 in CWP-19735-2015 (O&M)
Sonal Lal ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-33-2019 in CWP-21474-2015 (O&M)
Karambir Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-17-2019 in CWP-24874-2015 (O&M)
Anil Kumar ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-29-2019 in CWP-24670-2015 (O&M)
Vaijanit Anand Ram Singare ...Petitioner
Versus
State of Haryana and others ...Respondents
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RA-CW-68-2019 in CWP-24370-2015 (O&M)
Suman Bhandari ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-67-2019 in CWP-22041-2015 (O&M)
Kiran Pal ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-19-2019 in CWP-18287-2015 (O&M)
Bijender Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-69-2019 in CWP-3514-2016 (O&M)
Nirmal Mehta ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-123-2019 in CWP-15762-2015
Harbhajan Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-127-2019 in CWP-21473-2015
Surdarshan Lal ...Petitioner
Versus
State of Haryana and others ...Respondents
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RA-CW-24-2019 IN CWP-23294-2015 (O&M) -4-
RA-CW-121-2019 in CWP-22106-2015 (O&M)
Madan Lal ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-122-2019 in CWP-18268-2015 (O&M)
Narbir Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-28-2019 in CWP-18306-2015
Gobind Ram ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-22-2019 in CWP-23127-2015 (O&M)
Kanwar Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-21-2019 in CWP-23016-2015
Mahinder Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-23-2019 in CWP-23130-2015 (O&M)
Sindhu ...Petitioner
Versus
State of Haryana and others ...Respondents
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RA-CW-24-2019 IN CWP-23294-2015 (O&M) -5-
RA-CW-20-2019 in CWP-11088-2015 (O&M)
Parshu Ram Pandey through LRs ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-31-2019 in CWP-23057-2015 (O&M)
Dhanno Kumari ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-160-2019 in CWP-24833-2015 (O&M)
Jagdish Chander ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-166-2019 in CWP-24853-2015 (O&M)
Azad Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-188-2019 in CWP-22144-2015 (O&M)
Charan Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-164-2019 in CWP-4841-2016 (O&M)
Vijay Kumar ...Petitioner
Versus
State of Haryana and others ...Respondents
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RA-CW-24-2019 IN CWP-23294-2015 (O&M) -6-
RA-CW-158-2019 in CWP-23056-2015 (O&M)
Balraj ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-154-2019 in CWP-3699-2016 (O&M)
Rakesh Mehra ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-192-2019 in CWP-3541-2016 (O&M)
Mani Ram ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-194-2019 in CWP-23357-2015 (O&M)
Bansi Lal ...Petitioner
Versus
State of Haryana and others ...Respondents
RA-CW-190-2019 in CWP-19447-2015 (O&M)
Dharampal ...Petitioner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. J.K.Goel, Advocate for the petitioner(s) in all cases.
Mr. Harish Rathee, Senior DAG, Haryana.
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RA-CW-24-2019 IN CWP-23294-2015 (O&M) -7-
SUVIR SEHGAL, J. (Oral)
CM-4217-CWP-2019 IN CWP-3514-2016, CM-4216-CWP-2019 IN
CWP-22106-2015, CM-5635-CWP-2019 IN CWP-24833-2015, CM-
5726-CWP-2019 IN CWP-24853-2015, CM-6343-CWP-2019 IN CWP-
22144-2015, CM-5685-CWP-2019 IN CWP-4841-2016, CM-5632-CWP-
2019 IN CWP-23056-2015, CM-5330-CWP-2019 IN CWP-3699-2016,
CM-6344-CWP-2019 IN CWP-3541-2016, CM-6347-CWP-2019 IN
CWP-23357-2015 AND CM-6341-CWP-2019 IN CWP-19447-2015.
1. For the reasons given in the applications, they are allowed.
2. Delay in the filing of the Review Applications is condoned as prayed
for.
Main cases
1. This order shall dispose of above-mentioned thirty four Review
Applications as they involve common questions of law and fact. For the sake
of convenience, facts are being taken from RA-CW-24-2019 in CWP-
23294-2015.
2. Review-applicant had approached this Court by filing a writ petition
inter alia for issuance of a writ of certiorari seeking quashing of notification
dated 31.08.2009, Annexure P-4. Another prayer was made for issuance of a
writ in the nature of mandamus directing the respondents to regularize his
service from the date of entitlement and for grant of all consequential
benefits along with interest.
3. After contest by the respondents, writ petition was dismissed by this
Court by judgment dated 08.08.2018. The operative part of the judgment is
reproduced hereunder:-
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"In view thereof, the claim of the petitioners is not only
belated, but is not supported by material/merit, as they have
never been government servants prior to their adjustments in the
Indian Red Cross Society, Haryana Branch. In the matter of
policy, the courts would not interfere unless a fundamental right
has been apparently infringed to a degree calling for
interference.
Consequently, I find no merit in this bunch of petitions
and would dismiss them."
4. LPA preferred by the applicant was permitted to be withdrawn and the
following order was passed on 04.12.2018:-
"1. Having argued the matter at length and since we
expressed that we were not inclined to interfere in the matter,
learned counsel for the appellant submits that he be permitted to
withdraw this appeal, so as to enable the appellant to move an
appropriate application before the learned Single Judge,
confined to the extent that certain other reliefs, besides the issues
that have been deliberated and upon which the impugned order
and judgment has been rendered, such as allowances and other
benefits, which the appellant was entitled to were also claimed,
but somehow were not considered or escaped notice of the Writ
Court.
2. Dismissed as withdrawn with the liberty prayed for only
to the extent indicated above."
5. By way of present review application, applicant is claiming that the
respondents have not given various special allowances, which have been
granted by the Government of Haryana to persons with disabilities. An
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application for placing on record an additional affidavit dated 05.03.2019
has also been filed giving the details of the benefits due. Notice on the
application was issued way back and despite repeated adjournments, the
respondents have not filed any reply for the last four years. This Court
therefore, does not deem it appropriate to adjourn the matter any further.
6. Heard counsel for the parties.
7. Although, the main prayer in the writ petition has already been
declined, but considering the fact that the review-applicant has claimed some
additional benefits, review application is disposed of with liberty to the
applicant to file a comprehensive representation before respondent No.2 -
Director, Social and Empowerment Department, giving details of the claims
raised. In case, any such representation is moved, respondent No.2 shall
examine it within a period of four months of its submission and in case,
respondent No.2 finds that the claims raised by the applicant cannot be
granted, an order be passed giving reasons for rejection within the aforesaid
period. In case, the claims deserve acceptance, the monetary benefit be
disbursed to the applicant within a period of four months thereafter.
8. Pending application(s), if any, shall stands disposed of.
(SUVIR SEHGAL)
28.04.2023 JUDGE
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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