Punjab-Haryana High Court
Rajesh Kumar And Anr vs State Of Haryana And Others on 20 November, 2023
Neutral Citation No:=2023:PHHC:148175
CM-19167-CWP-2023 in/and
CWP No. 14514 of 2022 2023:PHHC:148175
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(106-2) CM-19167-CWP-2023 in/and
CWP No. 14514 of 2022
Date of Decision : 20.11.2023
Rajesh Kumar and another
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Mohan Singla, Advocate for the applicants-petitioners.
***
Harsimran Singh Sethi J. (Oral)
CM-19167-CWP-2023
Learned counsel for the applicants-petitioners submits that the
writ petition was disposed of as not pressed on 03.11.2023 keeping in view the
judgment passed in SLP (Civil) No. 12441 of 2022 but the said statement was
made by the counsel without going through the judgment of the Hon'ble
Supreme Court of India in SLP (Civil) No. 12441 of 2022 titled as Sudhir
Singh and others Vs. State of U.P. and others, decided on 30.10.2023,
whereas the applicants-petitioners intend to distinguish the said judgment from
the present case, hence, the said undertaking given may kindly be allowed to be
withdrawn and the writ petition be disposed of on merits.
Notice of the application to counsel for the respondents.
Mr. Pankaj Middha, learned Additional Advocate General,
Haryana, who is present in Court, accepts notice on behalf of the respondent-
State and raises no objection for the grant of prayer as made in the application.
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Neutral Citation No:=2023:PHHC:148175
CM-19167-CWP-2023 in/and
CWP No. 14514 of 2022 2023:PHHC:148175
Keeping in view the above, the application is allowed and the
order dated 03.11.2023 is recalled and writ petition is taken up for hearing
today with the consent of the parties
Main Case
In the present petition, the grievance being raised by the
petitioners is that they are eligible to compete in the Category of Ex-
servicemen for the post of Clerk, which benefit has wrongly been denied to
them in the revised merit list prepared.
Learned counsel for the respondents submits that by placing
reliance upon the judgment of the Hon'ble Supreme Court of India in SLP
(Civil) No. 12441 of 2022 titled as Sudhir Singh and others Vs. State of U.P.
and others, decided on 30.10.2023, this Court while passing order in CWP No.
20552 of 2022 titled as Lt. Col. Manish Gupta and another Vs. State of
Haryana and another, has already dealt with the same arguments and have
rejected the same, hence, the question of law raised in the present petition is
covered against the petitioners.
Learned counsel for the petitioners concedes that the arguments
being raised by the petitioners have already been dealt with while passing order
in Lt. Col. Manish Gupta's case (supra) and claim of the petitioners as raised
in this petition is covered against them as per Lt. Col. Manish Gupta's case
(supra).
Keeping in view the above, as learned counsel for the petitioners
has not been able to rebut the fact that the question of law raised in the present
petition has already been covered against the petitioners keeping in view the
order passed in Lt. Col. Manish Gupta's case (supra), the present petition is
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Neutral Citation No:=2023:PHHC:148175
CM-19167-CWP-2023 in/and
CWP No. 14514 of 2022 2023:PHHC:148175
also dismissed in terms of the order passed in Lt. Col. Manish Gupta's case
(supra).
November 20th, 2023 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:148175
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