Punjab-Haryana High Court
Harjinder Singh vs State Of Punjab And Another on 15 March, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:037584-DB
Neutral Citation No. 2024:PHHC:037584-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(107) LPA-714-2024 (O&M)
Decided on : 15.03.2024
Harjinder Singh
......Appellant(s)
Versus
State of Punjab and others
......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MRS.JUSTICE MANISHA BATRA
Present: Mr. Shashi Bhushan Nagpal, Advocate for the appellant (s).
Mr. Saurav Khurana, Addl. AG, Punjab.
*****
G.S. Sandhawalia, Acting Chief Justice (Oral)
CM-1756-LPA-2024
Application for condonation of delay of 81 days in filing the
appeal, is allowed, in view of the averments made in the application, duly
supported by affidavit of the appellant. Delay of 81 days in filing the appeal is
condoned.
CM stands disposed of.
LPA-714-2024 (O&M)
Consideration in the present letters patent appeal is sought of the
order of the learned Single Judge dated 07.11.2023 passed in the CWP-26586-
2015 filed by the appellant.
2. Vide the said order the Learned Single Judge dismissed the writ
petition by imposing costs of Rs.10,000/- and did not interfere in the order
dated 03.07.2014 (Annexure P-8) wherein the appellant was reverted to the
post of Peon in the pay-scale of Rs.5900-10680+1650 and the order dated
25.08.2014 (Annexure P-9) various periods when the appellant remained
absent were treated as 'leave of kind due' by the authorities concerned while
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LPA-714-2024 (O&M) -2-
ordering him to retire voluntarily as a Peon.
3. The Learned Single Judge noticed that the appellant had been
promoted from a Class-IV post to Class-III post without qualifying the Punjabi
Typing Test and the issue had been taken to the Apex Court, wherein the
liberty had been given to clear the test within one year from the date of passing
of the judgment on 26.08.2011 (Annexure P-5). It was noticed that the
appellant had not appeared in the typing test, in spite of the fact that he was
asked to appear and reversion had, accordingly, been done. The Learned
Single Judge was of the opinion that wrongful averment had been put up
before the Court and he himself was not appearing for several years and, thus,
was absent from duty on several dates, which have been reproduced in the
order and, therefore, he came to the conclusion that no relief can be granted to
such a person while imposing costs.
4. The said argument is sought to be repeated to the extent that the
department did not hold the test. We have perused the paper-book, which
would go on to show that in Civil Appeal No.4134 of 2006 'State of Punjab
and another Vs. Harjinder Singh' decided on 26.08.2011 (Annexure P-5) in
the case of the appellant himself the Apex Court had given indulgence of one
year for clearing the typing test in Punjabi from the said date. Apparently, the
appellant sought to seek premature retirement on the higher post by moving
application dated 26.03.2014 (Annexure P-6) as his retirement was due on
31.12.2015. He was put to notice on 08.05.2014 (Annexure P-7) regarding this
aspect and as per reply of the State also he had been asked to clear his test.
Thereafter, vide his representation dated 21.05.2014, the appellant had
requested for one week time which was given. Thereafter, he had given a
representation that his eyes had become weak and he may be retired and he did
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not appear in the type test on 30.05.2014, due to which he was reverted to the
post of peon and voluntarily retired on the said post.
5. Thus, the facts would go on to show that the appellant was
seeking an escape route to retire on the higher post to earn enhanced
pensionary benefits. Resultantly, keeping in view the judgment of the Apex
Court we are bound not to take a contrary view and do not see any reason to
interfere in the order of the Learned Single Judge, which is not suffering from
any infirmity or illegality. Resultantly, there is no merit in the present letters
patent appeal and the same is dismissed in limine.
(G.S. SANDHAWALIA)
ACTING CHIEF JUSTICE
(MANISHA BATRA)
15.03.2024 JUDGE
Naveen
Whether speaking/reasoned : √Yes No
Whether Reportable : Yes √No
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