Mukesh Kumar And Others vs State Of Punjab And Others
2024 Latest Caselaw 2136 P&H

Punjab-Haryana High Court

Mukesh Kumar And Others vs State Of Punjab And Others on 31 January, 2024

                                                              Neutral Citation No:=2024:PHHC:013185




CWP-2001-2024                            1                         2024:PHHC:013185



            IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

138                                              CWP-2001-2024
                                                 Date of Decision: 31.01.2024

ASI Mukesh Kumar and others                                         ...Petitioners


                                      Versus


State of Punjab and others                                         ...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL


Present :    Mr.B.S.Sidhu, Advocate
             for the petitioners.

             Mr. Inderpreet Singh Kang, AAG, Punjab.

            ****

JAGMOHAN BANSAL, J. (Oral)

1. The petitioners through instant petition under Articles 226/227 of

Constitution of India are seeking direction the respondents to count the service

rendered by them on the post of SPOs as qualifying service.

2. Counsel for the petitioners submits that case of the petitioners is

covered by judgment dated 06.09.1995 passed by a Co-ordinate Bench of this

Court in CWP- 812 of 1994 titled as 'Balvinder Kumar and others vs. The

State of Punjab and others' (Annexure P-5) and judgment dated 12.12.1996

passed by a Division Bench of this Court in CWP No. 7451 of 1996 titled as 'Lal

Mohd. and 25 others vs. State of Punjab' as well as judgment dated 16.03.2023

passed by this Court in CWP No. 5648 of 2017 titled as 'Sukhmander Singh and

others vs. State of Punjab and others' (Annexure P-10). This Court while

disposing of various writ petitions has noted judgment of this Court in Harbans

Lal vs. State of Punjab passed in CWP No. 2371 of 2010 and other judgments

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Neutral Citation No:=2024:PHHC:013185

CWP-2001-2024 2 2024:PHHC:013185

have not been noticed. There are all possibilities that authorities while deciding

representation of the petitioners may form an opinion other than formed in the case

of other employees.

3. Notice of motion.

4. Mr. Inderpreet Singh Kang, AAG, Punjab, who on advance notice is

present in Court, accepts notice and does not dispute prayer of the petitioners.

5. In the wake of reasons set out in the petition and statement of State

counsel, the petition stands disposed of. The respondent authorities would consider

judgments of this Court in Balvinder Kumar(Supra), Lal Mohd.(Supra),

Sukhmander Singh (Supra) apart from judgment of this Court in Harbans Lal

(Supra) while passing order on the representation of the petitioners.

6. In view of the above, petition stands disposed of.

                                                     (JAGMOHAN BANSAL)
                                                           JUDGE
31.01.2024
anju

               Whether speaking/reasoned              Yes
               Whether reportable                     No




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