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Judgment
14 paragraphs · 585 wordsHarpreet Singh Brar, J
CM-13074-CWP-2025
This application has been filed under Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') for placing on record the documents as Annexures A-1 to A-3 and also for exemption from filing certified and typed copies thereof.
In view of the averments made in the application, same is allowed and office order dated 15.03.2024, withdrawing the appointment letters, judgment dated 21.05.2025 passed by the Coordinate Bench of this Court in CWP-7612-2024 (Parmod Kumar and others Vs. State of Haryana and others) and posting/allocation order dated 18.08.2025 are taken on record as Annexures A-1 to A-3 respectively, subject to all just exceptions. Exemption sought is granted.
CM-13075-CWP-2025
This application has been filed under Section 151 of CPC for preponing the date of hearing from 10.12.2025 to some earlier date and for disposal of the main petition in terms of the judgment dated 21.05.2025 (Annexure A-2).
In view of the averments made in the application, same is allowed and date of hearing is preponed from 10.12.2025 to today. The main petition is taken on board for final disposal today itself.
CWP-4705-2024
Instant civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of the order dated 15.02.2024 (Annexure P-18), vide which the appointment letter dated 08.02.2024 (Annexure P-16) issued to the petitioner for the post of Assistant Lineman was cancelled on the ground that he is not having requisite qualification with 60% marks and further to issue a writ in the nature of mandamus directing the respondents to consider him eligible and qualified for the aforesaid post on the basis of higher qualification of B.Tech in Electrical Engineering in the same line of ITI in Electrician Trade and National Apprenticeship Certificate and also to take back him in service by withdrawing the impugned order (Annexure P-18) along with all consequential benefits.
Learned counsel for the petitioner submits that the controversy involved in the present petition is squarely covered by the judgment rendered by the Coordinate Bench of this Court in Parmod Kumar and others Vs. State of Haryana and others, CWP No.7612 of 2024, decided on 21.05.2025. Even in the aforesaid judgment, liberty was granted to file a separate petition on behalf of the petitioner, who was Shift Attendant. Learned counsel submits that the petitioner has filed the instant writ petition prior to passing of the judgment in Parmod Kumar's case (supra) on 21.05.2025, as such, case of the petitioner is squarely covered by para No.18 of the said judgment.
Learned counsel for respondent No.2-Corporation could not controvert the fact that case of the petitioner is required to be considered in terms of the aforementioned judgment. He submits that the petitioner has sought issuance of a writ in the nature of mandamus without representing respondent No.2-Corporation.
In view of the above, present petition is disposed of with a direction to treat the present petition as comprehensive representation and decide the same, in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of certified copy of this order.
Further, the decision taken thereon shall be conveyed to the petitioner.
Needless to say, if the petitioner is found entitled to the relief sought, the same including all consequential benefits and notional seniority, be granted to him forthwith by the competent authority.
