Krishana Wanti W/O Bhajan Lal vs State Of Haryana Thru Its F.C. And ...
2024 Latest Caselaw 16363 P&H

Punjab-Haryana High Court

Krishana Wanti W/O Bhajan Lal vs State Of Haryana Thru Its F.C. And ... on 5 September, 2024

CWP-2447-2012 1

2024: PRHC 416332

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Sr. No.205 CWP-2447-2012
Date of Decision: 05.09.2024

Krishana Wanti .... Petitioner
Versus

The State of Haryana and others ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHTYA
Present: Mr. Anshul Labana, Advocate for the petitioner.
Mr. Krishan K. Chahal, Addl. A.G. Haryana.

Mr. Abhinav Sood, Advocate and

Mr. Nitesh Jhajhria, Advocate for respondents no.2 and 3.
3 2 2

TRIBHUVAN DAHIYA, J. (ORAL)

The petition has been filed inter alia seeking a writ of mandamus directing the respondents to promote the petitioner to the post of Stenographer/Senior Scale Stenographer with effect from 20.12.2000.

2. Learned counsel for respondents no.2 and 3 contends that the petitioner has suppressed material facts from this Court which render the petition not maintainable. She filed a civil suit claiming the same relief, as claimed in this petition, which was decreed by the trial Court in her favour by holding her entitled to be promoted as Senior Scale Stenographer. The University filed an appeal against the same, wherein the trial Court judgment and decree was reversed by the lower appellate Court vide judgment and decree dated 24.12.2003. Thereafter, the petitioner filed Regular Second Appeal before this Court, RSA No.1594 of 2004 titled Krishana Wanti and another v. C.C.\S. Haryana Agriculture University and others. During pendency of the RSA, the instant petition was filed without disclosing the

2024.09.1117:23 aforesaid facts. Even otherwise, the petitioner was not entitled to maintain

CWP-2447-2012 2

2024: PRHC 416332

the instant petition claiming the identical relief. During pendency of the instant petition, the RSA has been dismissed vide judgment dated 11.03.2024.

3. Learned counsel for the petitioner is not in a position to dispute the facts aforementioned.

4. The petitioner had filed a civil suit claiming promotion to the post of Senior Scale Stenographer prior to the filing of the instant petition. And the suit was finally dismissed in terms of judgment, dated 11.03.2024, passed in the Regular Second Appeal. Accordingly, the instant petition

claiming the identical relief is not maintainable, and stands dismissed.

(TRIBHUVAN DAHTYA) JUDGE 05.09.2024 Maninder Whether speaking/reasoned__:: Yes/No

Whether reportable : Yes/No