Citation : 2024 Latest Caselaw 8699 P&H
Judgement Date : 24 April, 2024
Neutral Citation No:=2024:PHHC:055272-DB
Neutral Citation No. 2024:PHHC:055272 -DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(107) LPA-277-2024 (O&M)
Decided on : 24.04.2024
Central University of Punjab ......Appellant(s)
Versus
Davinder Singh & another ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MS.JUSTICE LAPITA BANERJI
Present: Mr.Vipul Aggarwal, Sr.Panel Counsel, for the appellant (s).
Mr.R.K.Malik, Sr.Advocate
with Mr.Sandeep Dhull, Advocate, for respondent No.1.
*****
G.S. Sandhawalia, Acting Chief Justice (Oral)
CM-636-LPA-2024
1. Exemption application is allowed, as prayed for.
2. CM stands disposed of.
CM-633-LPA-2024
3. Application for condoning the delay of 43 days in filing the
appeal is allowed, in view of the averments made in the application, duly
supported by affidavit of the official. Delay of 43 days in filing the present
appeal is hereby condoned.
4. CM stands disposed of.
LPA-277-2024 (O&M)
5. Consideration in the present appeal is to the judgment dated
02.11.2023 passed by the Learned Single Judge in CWP-23334-2016 whereby
the writ petition was disposed of on account of the fact that the writ petitioner
had filed application for withdrawal of the writ petition in the light of decision
taken by the Executive Council in its 35th Meeting held on 11.11.2020.
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Neutral Citation No:=2024:PHHC:055272-DB
(107) LPA-277-2024 (O&M) -2-
6. The Learned Single Judge noticed that colleague of the writ
petitioner had been offered appointment w.e.f. 10.06.2022 and since the writ
petitioner had been seeking the benefit of appointment as Senior Technical
Assistant (Computer) on regular basis having been appointed on contractual
basis, the writ petition was disposed of. Counsel for the appellant herein had
also made a statement that the case of the writ petitioner would be considered
in the light of the case of Yadwinder Singh. An application thereafter came to
be filed for modification of the order dated 02.11.2023 bearing CM-20314-
CWP-2023 in CWP-23334-2016 which was dismissed on 05.12.2023 by
noticing that the applicant was virtually seeking recalling of the order and
there was no such reason to recall the order which was passed in presence of
the counsel and with consent of the appellant herein.
7. Resultantly, we see no valid reason to interfere in the said order
which is innocuous by nature as only consideration is to be done and thus no
case is made out to entertain the present appeal. Accordingly, the same is
hereby dismissed. All pending application(s) also stand dismissed.
(G.S. SANDHAWALIA) ACTING CHIEF JUSTICE
(LAPITA BANERJI) 24.04.2024 JUDGE Sailesh
Whether speaking/reasoned : Yes Whether Reportable : No
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