Thaman Bhadur vs State Of Punjab And Others
2024 Latest Caselaw 4814 P&H

Punjab-Haryana High Court

Thaman Bhadur vs State Of Punjab And Others on 4 March, 2024

                                                        Neutral Citation No:=2024:PHHC:030578




                               2024:PHHC:030578
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

138                                       CWP-5096-2024 (O&M)
                                          Date of decision: 04.03.2024

Thaman Bhadur                                         ..Petitioner

                                        Versus

State of Punjab and others                            ..Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:     Mr. Janak Singh Bhinder, Advocate for the petitioner.

       ***

AMAN CHAUDHARY, J

1. The prayer in the present Civil Writ Petition filed under Article

226/227 of the Constitution of India, is for issuance of a writ in the nature of

mandamus directing the respondents to regularize the petitioner as per the order

dated 18.04.1995 in spite of 2002.

2. Learned counsel would contend that the petitioner was appointed as

Chowkidar and promoted as Clerk and regularised in the year 2002. The

petitioner is claiming for ante-dated regularisation w.e.f. 18.04.1995, in terms of

the similarly situated person having been granted the same relief by this Court

vide order dated 24.09.2012 (Annexure P11) passed in CWP-4528-1997. His

case has been recommended by the Assistant Commissioner, State Tax, Sangrur,

to Deputy Commissioner, State Tax, Patiala, vide letter dated 03.02.2021

(Annexure P8), followed by letters dated 06.07.2021 and 21.09.2021 (Annexure

P9 and P10), but no final order was passed. In this regard, a legal notice dated

11.04.2023 (Annexure P12), has been served upon the respondents, which has yet

not evoked any response. He thus, at this stage, on instructions, submits that the

petitioner is sanguine of it being considered in a positive manner, in case,

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Neutral Citation No:=2024:PHHC:030578

CWP-5096-2024 (O&M) -2-

a direction is given to the respondents to decide the same in a time bound manner

by granting him an opportunity of hearing.

3. Notice of motion.

4. At the asking of the Court, Mr. Amarpreet Singh Bains, AAG,

Punjab, accepts notice on behalf of the respondent-State and has no objection to

the limited prayer made.

5. In view of the aforesaid and without commenting upon the merits of

the case, this petition is hereby disposed of with a direction to the respondents to

consider the legal notice dated 11.04.2023, Annexure P12 and decide the same

taking note of the pleas raised and the judgment dated 24.09.2012 (Annexure

P11), within a period of 6 months and if found entitled, necessary benefit be

granted to him forthwith. However, in the eventuality of the relief being denied, a

speaking order be passed, after associating him therewith.

                                               ( AMAN CHAUDHARY )
04.03.2024                                          JUDGE
ashok
             Whether speaking/reasoned :       Yes/No
             Whether reportable :              Yes/No




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