Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 73249 (PNJ)

AMRIT LAL BANSAL v. STATE OF PUNJAB AND OTHERS

RA-CW/282/2023 · 2025-09-24

Kuldeep Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

115 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-13128-CWP-2023 in/& RA-CW-282-2023 in CWP-21369-2013 Date of Decision:24.09.2025 AMRIT LAL BANSAL .....Applicant/Petitioner VERSUS STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Baljeet Singh Sidhu, Advocate, for the applicant/petitioner. Mr. Sahil R. Bakshi, AAG, Punjab. KULDEEP TIWARI, J.(Oral) CM-13128-CWP-2023 For the good and valid reasons assigned in the application, same is allowed, and the delay of 109 days in filing the accompanying review application is, hereby, condoned. RA-CW-282-2023 Through the instant application filed under Order 47 Rule 1 read with Section 151 CPC, the petitioner seeks a review of the judgement dated 21.03.2023, on the ground that the Policy of 2001, which governs the case of the present applicant/petitioner for regularisation also grant liberty to the department to relax the rules. Learned counsel for the applicant/petitioner submits that in the year 2001, the vacancy with regard to the post of Lab Chemist was DHARAM VIR 2025.09.30 18:16 I attest to the accuracy and integrity of this document CM-13128-CWP-2023 in/& -2- RA-CW-282-2023 in CWP-21369-2013 vacant, therefore, on this count the judgment (supra), is required to be reviewed. This Court has considered the submissions, as made by learned counsel for the applicant/petitioner. It is a positive case of the respondent-State that the applicant/petitioner does not possess the requisite qualification, as he is only a B.SC. Graduate with Chemistry, therefore, he is not qualified to be posted as Lab Assistant. Although, he was regularised as a Lab Chemist, however, he has been given the pay-scale of only a Assistant Lab Chemist and his claim for the said post from the date of 2001, was declined on account of non-availability of the vacancy. The rules to which the learned counsel for applicant/petitioner refers to, does not give any right for to the applicant, to seek absorption against a post, for which he does not possess the requisite qualification. Accordingly, no error or any illegality per se pointed out by learned counsel for the applicant/petitioner, requiring this Court to exercise the power of review. Consequently, the review application is dimissed. All other pending application(s), if any, also stand disposed of accordingly. (KULDEEP TIWARI) September 24, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.09.30 18:16 I attest to the accuracy and integrity of this document