Punjab-Haryana High Court
Parveen Kumar vs State Of Punjab on 2 September, 2024
Neutral Citation No:=2024:PHHC:114073
1
CWP-13009
13009 of 2002 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-13009
13009 of 2002
Date of decision: 02.09.2024
Parveen Kumar
......Petitioner
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: - Mr. Mukand Gupta, Advocate,
for the petitioner.
Ms. Saguna Arora, AAG, Punjab.
NAMIT KUMAR, J. (ORAL)
1. The instant petition has been filed by the petitioner under
Articles 226 and 227 of the Constitution of India for claiming the
following reliefs: -
"i) a writ in the nature of certiorari for quashing the
selection of private respondents no.3 to 63 to the
post of Executive Officer in the Municipal
Council/Nagar Panchayats in the State of Punjab
ordered vide selection order dated 7.11.2001 and
26.11.2001 (Annexures
exures P
P-11/A and P-12/A);
ii) a writ in the nature of certiorari quashing the
order dated 12.4.2001 (Annexure P
P-8) vide which
the services of the petitioner who was working as
Executive Officer in Nagar Panchayat, Cheema
have been ordered to be terminated
terminated;
iii) a writ in the nature of mandamus directing the
respondents to conduct fresh selection as per the
observations made in the judgment dated
14.12.2000 (Annexure P
P-4) of this Hon'ble Court
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CWP-13009
13009 of 2002 (O&M)
and till such time as that is done, the petitioner
who had earlier been selected and is working as
Executive Officer in Nagar Panchayat in the State
of Punjab be permitted to continue in service."
2. Learned State counsel has submitted that the relief claimed
by the petitioner under clause (i) and (iii) is squarely covered by a
Division Bench judgment of this Court dated 22.09.2009 passed in
CWP No.2134 of 2002 - Bhagwant Pal Singh Virk and others v. State
of Punjab and others wherein the same selection was challenged and
the said writ petition has been dismissed.
dismissed. She further submits that the
private respondents whose selection and appointment was made in the
year 2001, have either retired from service or are likely to retire in near
future and some of them have also died. The details of the present
status of thee private respondents is as under: -
Sr. Respondent Date of Retired Died Working as
No. Number/Name Retirement
1 R-3/ Rajnish Kalra Died
2 R-4/ Bhupinder Singh Dismissed
from
service
3 R-5/ Shakti Kumar 31.07.2021 Retd.
4 R-6/Parvinder Singh 31.10.2025 Joint Deputy
Director
5 R-7/Tajinder Singh 30.04.2023 Retd.
6 R-8/Paramjit Singh 31.03.2020 Retd.
7 R-9/ Sarabjit Singh 31.03.2017 Retd.
8 R-10/ Rajpaul Singh 31.10.2020 Retd.
Makkar
9 R-11/ Radesh Kumar 31.10.2024 Joint Deputy
Kalra Director
10 R-12/Sandeep Kumar 31.12.2025 Assistant
Commissioner
(Corp.)
11 R-13/ Manmohan Singh 30.04.2019 Retd.
12 R-14/ Ranbir SIngh 31.12.2021 Retd.
13 R-15/ Manjinder Singh 31.03.2025 EO-II
14 R-16/ Rakesh Kumar 30.06.2022 Retd.
Garg
15 R-17/Varinder Kuamr 31.10.2027 EO-I
Jain
16 R-18/Hardip Singh Premature
ly retired
17 R-19/ Sataejit 31.03.2017 Retd.
18 R-20/Sukhjinder Singh 30.06.2025 EO-II
19 R-21/Charanjit Singh 31.10.2029 EO-I
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20 R-22/ Girish Kumar 30.09.2026 EO-II
21 R-23/Raj Kumar Retd.
22 R-24/Inder Gurpreet 30.06.2019 Retd.
Singh
23 R-25/ Davinder Singh 30.06.2020 Retd.
24 R-26/Kulbir Singh 31.05.2027 EO-II
25 R-27/Surjit Singh 31.03.2021 Retd.
26 R-28/Rajesh Khokhar 31.10.2028 Assistant
Commissioner
(Corp.)
27 R-29/ Jagjit Singh 31.03.2027 EO-I
28 R-30/ Sukhdeep Singh 30.04.2023 Retd./Died
29 R-31/ Bhupinder Singh 31.03.2028 Joint Deputy
Director
30 R-32/ Kulvinder Kumar 28.02.2021 Retd.
31 R-33/ Balvinder Singh 31.03.2020 Retd.
32 R-34/ Tejinder Singh 31.01.2019 Retd.
33 R-35/ Pardeep Kumar 31.07.2022 Retd.
34 R-36/ Parminder Singh 31.03.2022 Retd.
35 R-37/ Kehar Singh Retd.
36 R-38/ Jagsir Singh 31.03.2025 EO-I
37 R-39/ Jagtar Singh 31.05.2025 EO-I
38 R-40/ Hardev Singh 28.02.2014 Retd.
39 R-41/ Baljinder Singh 31.07.2023 Retd.
40 R-42/ Ramesh Kumar 30.04.2017 Retd.
41 R-43/ Chetan Sharma 31.07.2028 EO-II
42 R-44/ Karaminder Pal 30.09.2024 EO-I
Singh
43 R-45/ Adarsh Kumar 30.11.2028 Died
44 R-46/ Jagjit Singh 31.01.2023 Retd.
45 R-47/ Surinder Kumar 31.03.2021 Retd.
46 R-48/ Ravneet Singh 28.02.2029 EO-I
47 R-49/ Sukhdev Singh EO-II
48 R-50/Bhushan Kumar 28.02.2018 Retd.
49 R-51/Manvir Singh 31.01.2025 EO-II
50 R-52/G.S.Sandhu 31.07.2027 EO-III
51 R-53/Sukhdev Singh Retd. EO-II
52 R-54/Gurdas Singh 30.09.2025 EO-III
53 R-55/Dyal Chand 31.12.2017 Died on
05.11.202
54 R-56/Kulwant Singh 30.09.2023 Retd.
55 R-57/Raj Kumar 28.02.2026 Joint Deputy
Director
56 R-58/Jiwan Bansal 30.11.2028 EO-I
57 R-59/Gora Lal 31.10.2025 EO-I
58 R-60/Harinder Singh 31.01.2035 EO-I
59 R-61/Surinder Kumari 31.05.2027 EO-I
60 R-62/Gurinder Singh 31.08.2018 Retd.
Sodhi
61 R-63/Jatinder Singh 31.08.2027 EO-I
62 R-64/--
Note: Total Number of Respondents in this CWP is 62. But Respondent No. 64 name is not
mentioned."
She further submits that so far as prayer (iii) of the
petitioner is concerned, the services of the petitioner have been
terminated in pursuance to the directions issued by this Court in CWP
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Neutral Citation No:=2024:PHHC:114073
CWP-13009
13009 of 2002 (O&M)
No.9196
9196 of 1999 - Court on its own motion v. State of Punjab and
others and CWP No.7642 of 1999 - Navdeep Singh and others v.
State of Punjab and others decided on 14.12.2000 as the case of the
petitioner was examined by the department and he was not found
eligible for appointment
appointment to the post of Executive Officer as he was not
having the required experience of three years and was ineligible, as is
clear from the bare perusal of impugned order dated 12.04.2001
(Annexure P-8).
P
3. In view of the above, present petition is ddisposed of
accordingly.
4. Pending application(s), if any, also stand disposed of.
(NAMIT KUMAR)
02.09.2024 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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