Punjab-Haryana High Court
S.P. Yadav vs The State Of Punjab And Others on 5 March, 2024
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
Neutral Citation No:=2024:PHHC:031103-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
107/2 2024:PHHC:031103-DB
LPA-1918-2023 (O & M)
Date of Decision: 05.03.2024
S.P. Yadav .....Appellant(s)
Versus
State of Punjab and others ....Respondent(s)
CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE LAPITA BANERJI
Present: Mr. Ramesh Kumar, Advocate,
for the appellant.
Mr. Salil Sabhlok, Sr. DAG, Punjab.
Mr. Rajat Khanna, Advocate,
and Mr. Vishal Saini, Advocate,
for respondent Nos.2 to 4.
Mr. Vijay Pratap Singh, Advocate,
for respondent No.7.
Mr. Mrigank Sharma, Advocate,
for respondent No.8.
G.S.SANDHAWALIA, ACTING CHIEF JUSTICE (Oral)
CM-4812-LPA-2023
1. Application for condonation of delay of 31 days in filing the appeal is
allowed, in view of averments made in the application supported by affidavit of
the appellant.
2. Delay condoned.
3. CM stands disposed of.
LPA-1918-2023
4. Consideration in the present letters patent appeal is to the judgment
dated 20.09.2023 passed by the learned Single Judge in CWP-9006-2019
whereby, the writ petitioner has been relegated to the Educational Tribunal.
5. It is not disputed between all the counsel that the challenge as such
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LPA-1918-2023 (O & M) -2- 2024:PHHC:031103-DB
was raised in the writ petition regarding the appointment of the private
respondents as Assistant Registrars. Further prayer made was for issuance of
directions for conducting inquiry against erring officials and consider the writ
petitioner for promotion as per his eligibility and entitlement since the junior most
had already been promoted.
6. In such circumstances, we are of the considered opinion that it was a
dispute which has wider ramification and it was not only with the Managing
Committee. It is not disputed that a large number of cases as such were also
decided by the learned Single Judge on the said date. It is also not disputed that
no such objection was taken by the employer regarding the lack of jurisdiction or
the alternative remedy as such. It is in such circumstances, counsel for the
appellant is well justified to say that he was taken by surprise to the relegation to
the Educational Tribunal.
7. Accordingly, in the facts and circumstances of the case, we are of the
considered opinion that the order dated 20.09.2023 passed by the learned Single
Judge is not liable to be maintained. Resultantly, we set aside the same and direct
restoration of the writ petition before the learned Single Judge. Counsel for
respondent No. 8 submits that he will complete his pleadings before the learned
Single Judge at the earliest, which he is permitted to do so.
8. Appeal stands disposed of in the above terms.
(G.S. SANDHAWALIA)
ACTING CHIEF JUSTICE
05.03.2024 (LAPITA BANERJI)
shivani JUDGE
Whether reasoned/speaking Yes
Whether reportable No
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