Onkar Nath And Others vs State Of Punjab And Others
2023 Latest Caselaw 487 P&H

   CWP No. 28825 of 2022                                                          1


 113    IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                                CWP No. 28825 of 2022
                                           Date of decision : January 11, 2023
 Onkar Nath and others
                                                                       ...... Petitioners
                  Versus

 State of Punjab and others                        `                   ...... Respondents

 CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
                    ***
   Present :-Mr. D. S. Gandhi, Advocate
             for the petitioner.

               ***
 PANKAJ JAIN, J. (ORAL)

The petitioners have preferred present petition under Article 226/227 of the

Constitution of India seeking writ in the nature of mandamus in the form of

direction to the respondent-authority to reinstate them as Punjab Home Guards

along with all consequential benefits. As per the pleadings raised in the petition,

petitioners joined as Punjab Home Guards on different dates ranging from the

year 1990-93. Their services were terminated in the year 1993-1997. The relevant

dates as tabulated by the petitioners in the petition read as under:

S.No.                Belt No.               Date of Joining     Date                        of
                                                                dismissal/termination
Petitioner No.1      3027                   25.05.1992          09.04.1997
Petitioner No.2      3078                   11.01.1993          July 1996
Petitioner No.3      20766                  05.03.1990          1996
Petitioner No.4      1426                   10.06.1991          15.02.1993
Petitioner No.5      3443                   1992                1996


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The petitioner claims that similarly situated persons approached this Court

by way of different writ petitions bearing CWP No.23475, 23527 and 23494 of

2015 claiming parity with other persons who were initially terminated but later on

reinstated as Home Guards. The said writ petition was allowed vide judgment

dated 23.02.2017. Learned counsel thus, prays that the petitioner being similarly

situated would be entitled to be reinstated.

On advance notice Mr. Inderjeet Singh Kang, Assistant Advocate General,

Punjab appears and brings to the notice of the Court that the aforesaid judgment

passed by the Single Bench in CWP No.23475, 23527 and 23494 of 2015 was

taken in Intra Court appeal by the State. LPA No.1088 of 2018 preferred by the

State stands allowed vide judgment dated 7.7.2022 and the judgment dated

23.02.2017 passed by Single Bench has been set aside.

Learned counsel for the petitioner is not in a position to dispute the

aforesaid factual position based on the record.

In view of the above, no ground for interference is made out.

Consequently, the present writ petition is dismissed.

                                               ( PANKAJ JAIN )
                                                   JUDGE
   January 11, 2023
   archana

      Whether speaking/reasoned                Yes
      Whether Reportable :                     No


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