Dalbir vs Deputy Commissioner, Charkhi ...
2023 Latest Caselaw 12091 P&H

                                                          Neutral Citation No:=2023:PHHC:103062




CWP No.28242 of 2019 (O&M)                     -1-    2023:PHHC:103062

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                          CWP No.28242 of 2019 (O&M)
                                          Date of Decision:07.08.2023

Dalbir                                                                ...Petitioner

                                          Vs

Deputy Commissioner, Charkhi Dadri and another                       ...Respondents

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Sumit Sangwan, Advocate for the petitioner.

Mr. Tapan Kumar Yadav, DAG, Haryana.

-.-

HARSIMRAN SINGH SETHI J. (ORAL)

C.M. No.3196-CWP-2023

The application is allowed as prayed for.

Replication to the reply filed by the respondents is taken on record.

CWP No.28242 of 2019

In the present petition, prayer of the petitioner is that the petitioner is

entitled for salary for the post of Peon for the period from 21.03.2017 till

31.01.2019 along with interest @12% per annum.

In the reply filed, respondents have disputed the said claim of the

petitioner that he was never appointed on the post of Peon so as to claim salary

for the post in question.

Keeping in view the above mentioned facts, the disputed question of

fact arises, especially when no appointment letter has been brought on record to

show that the petitioner was appointed on the post of Peon with the respondents.

Further, keeping in view the settled principle of law as culled out in

the judgment rendered by the Hon'ble Supreme Court in Shubhash Jain Vs.

Rajeshwari Shiwam and others in Civil Appeal No.2848 of 2021 on 20.07.2021,

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Neutral Citation No:=2023:PHHC:103062

CWP No.28242 of 2019 (O&M) -2- 2023:PHHC:103062

a disputed question of fact cannot be decided under Article 226/227 of the

Constitution of India, hence, the petitioner is relegated to avail appropriate

remedy before the Civil Court, if he desires so.

The writ petition is disposed of in above terms.

                                                    (HARSIMRAN SINGH SETHI)
                                                           JUDGE


August 07, 2023
Pankaj*                   Whether speaking/reasoned             Yes/No
                          Whether reportable                    Yes/No

Neutral Citation No:=2023:PHHC:103062

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