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2019 DAILYLAW 4067 (PNJ)

MAHABIR SINGH AND OTHERS v. STATE OF HARYANA AND OTHERS

CWP/7281/2019 · 2026-07-20

Nidhi Gupta

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 210 CWP-7281-2019 (O&M) Date of Decision:- 20.07.2026 Mahabir Singh and others … PeƟƟoners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vevek Sheoran, Advocate for the peƟƟoners. Mr. Suneel Ranga, DAG, Haryana. ***** NIDHI GUPTA, J . Present Civil Writ PeƟƟon under ArƟcles 226/227 of the ConsƟtuƟon of India has been filed by the peƟƟoner for issuance of a writ in the nature of cerƟorari quashing the order dated 12.07.2018 (Annexure P-9), whereby the claim of the peƟƟoners for regularizaƟon of their services from the dates of their respecƟve joining has been declined by relying upon leƩer No. 3601-21/AE-3/E-2 dated 13.07.2009; and Issue a writ in the nature of mandamus direcƟng the respondents to regularize the services of the peƟƟoners from the dates of their respecƟve joining in terms of the order dated 06.10.2008 (Annexure P-2) passed by the Transport Commissioner, Haryana vide LeƩer No. 25798-25820/A2/E3; and the order dated 31.10.2008 (Annexure P-4) passed by the General Manager, Haryana Roadways, Jind, as similarly situated employees have already been granted the said relief vide orders dated 14.01.2009 (Annexure P-10) and 10.02.2009 (Annexure P-11) passed in CWP Nos. 6076 and 6937 of 2007, respecƟvely. NEELAM KUMARI 2026.07.21 17:43 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-7281-2019 (O&M) - 2 - 2. At the very outset, ld. counsel for the peƟƟoners has pointed out that the present case is covered by the decision rendered by Hon’ble Division Bench of this Court in LPA No. 2381 of 2016 Ɵtled as State of Haryana and others vs. Sh. Kuldeep Singh and others decided on 01.05.2025. It is submiƩed that although the said decision is adverse to the interest of the peƟƟoner, however, peƟƟoner is bound by the said ruling. It is accordingly prayed that the present writ peƟƟon be also disposed of in the same terms. 3. Ld. counsel for the respondents has not disputed the above-stated posiƟon and has pointed out that the peƟƟoners had previously moved an applicaƟon CM-8711-CWP-2025, thereby praying for the lisƟng of the present main Civil Writ PeƟƟon. 4. Ld. State counsel Submits that the respondents have no objecƟon in case the present case is disposed of in terms of the above LPA No. 2381 of 2016. Heard. 5. A perusal of CM-8711-CWP-2025, shows that in para Nos. 5 and 7 thereof, it is pleaded as follows:- “5. That a perusal of case status (Annexure A -2) would reflect that one another LPA bearing No. 2381 of 2016 was being heard along with LPA No. 2234 of 2016 and LPA No. 533 of 2017. It however transpires that one CWP bearing No. 105 of 2025 came to be filed before this Hon'ble High Court and perusal of the order dated 09.01.2025 in said Writ peƟƟon would reflect that the LPA bearing No. 2381 of 2016 was filed against the Judgement dated 18.05.2016 (the same Judgement against which LPA 533 of 2017 was filed) and the LPA No. 2381 of 2016 stands admiƩed. The copy of the order dated 09.01.2025 is annexed herewith as Annexure A-3. Therefore, it transpires that the quesƟon of Law NEELAM KUMARI 2026.07.21 17:43 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh CWP-7281-2019 (O&M) - 3 - involved in LPA No. 533 of 2017 is same as that of LPA No. 2381 of 2016, as both of them have been filed against the Judgement dated 18.05.2016. 7. That it may kindly be noted here that a perusal of order dated 30.01.2023 would reflect that the present peƟƟon had been adjourned sine die solely for the reason that the maƩer in issue is pending consideraƟon before the Division Bench. The case status (Annexure A-2 and A-4), would reflect that the maƩer in issue in the present Writ PeƟƟon has been duly adjudicated and disposed off by the Division Bench of this Hon'ble Court and thus the present Writ peƟƟon ought to be revived for considering the case of the applicant - peƟƟoner.” 6. Thus, peƟƟoner has admiƩed the parity between the issue(s) involved in the present case, with that of the issue(s) adjudicated by the Division Bench in LPA No. 2381 of 2016 and LPA-533 of 2017. Order sheets of the present case also reveal that vide order dated 30.01.2023, the present writ peƟƟon has been adjourned sine die at request of learned counsel for the peƟƟoner. Again vide orders dated 06.08.2005 and 29.08.2025, the present CWP was adjourned at the request of learned counsel for the peƟƟoner to await decision in the LPA No. 2381 of 2016. Accordingly, the present writ peƟƟon is disposed of in terms of the judgment of the Hon’ble Division Bench of this Court in LPA No. 2381 of 2016 Ɵtled as State of Haryana and others vs. Sh. Kuldeep Singh and others. 7. Pending applicaƟon(s), if any, also stands disposed of. ( NIDHI GUPTA ) 20.07.2026 JUDGE Neelam Whether speaking /reasoned Yes / No Whether Reportable Yes / No NEELAM KUMARI 2026.07.21 17:43 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh