STATE OF PUNJAB AND OTHERS v. MANPREET SINGH AND ANOTHER
LPA/2015/2025 · 2025-07-23
Anupinder Singh Grewal, Deepak Manchanda
body2025
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[ 2025 DAILYLAW 77924 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77924 (PNJ) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. 124 LPA-2015-2025 (O&M) Date of Decision: 23.07.2025. State of Punjab and others ....Appellants. VERSUS Manpreet Singh and another ....Respondents. ***
CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA --- Present: Ms. Arundhati Kulshreshtha, Asstt. Advocate General, Punjab for the appellants. **** ANUPINDER SINGH GREWAL, J. (Oral) CM-5006-LPA-2025 This is an application seeking condonation of delay of 192 days in preferring the appeal. Heard. For the reasons stated in the application, the same allowed is and delay of 192 days in preferring the appeal is condoned. CM-5007-LPA-2025 Exemption application is allowed, as prayed for. LPA-2015-2025 This appeal has been filed by the appellant-State of Punjab impugning the judgment of the Single Bench dated 29.11.2024, whereby in the Civil Writ Petition No.12072 of 2024 preferred by respondent No.1- Manpreet Singh, the Health Department was directed to accept the application of the petitioner (respondent No.1 herein) for withdrawal of his resignation. JITENDER 2025.07.25 14:24 I attest to the accuracy of this document PHHC
LPA-2015-2025 (O&M) -2-
2.
Learned counsel for the appellants submits that once respondent No.1 has submitted his resignation and the same has been accepted, no inference was warranted by the Single Bench as there was no violation of law. 3. Heard. 4. Respondent No.1, who was working as a ‘Ward Attendant’ in the Department of Health and Family Welfare, had applied for appointment to the post of Assistant Financial Officer (AFO) in the Scheduled Caste (Mazbi Sikh and Balmiki) category. He was initially selected as his name was reflected at serial No.15 in the list of successful candidates and was also issued appointment letter, but he was not allowed to join at duty due to enforcement of Code of Conduct by Election Commission of India. Thereafter, the list of successful candidates was revised and respondent No.1 was relegated to the waiting list. Respondent No.1 in the meantime had submitted his resignation from the post of Ward Attendant which had been accepted. On account of revision of the selection list, respondent No.1 could not be appointed and he lost his previous job as well. On learning that his name did not figure in the selection list but in the waiting list as per the revised result, he had promptly moved an application for withdrawal of his resignation. Respondent No.1 had resigned only after he had been issued the appointment letter in terms of his merit in the selection list of candidates for the post of AFO. Respondent No.1 belongs to Scheduled Caste (Mazbi Sikh and Balmiki) category and was working on a Class-IV post. He cannot be made to suffer on account of any error in the selection process which was rectified by way of revised result. 5. Respondent No.1 had resigned after he had received the appointment letter, therefore, in the aforenoted facts and circumstances, we do JITENDER 2025.07.25 14:24 I attest to the accuracy of this document PHHC
LPA-2015-2025 (O&M) -3- no find any illegality in the judgment of the Single Bench whereby the Department of Health has beendirected to accept the application of respondent No.1 seeking withdrawal of his resignation. 5. Consequently, the Letters Patent Appeal being devoid of any merit stands dismissed. Pending application(s), if any, also stand disposed of accordingly.
(ANUPINDER SINGH GREWAL) JUDGE (DEEPAK MANCHANDA)
JUDGE 23.07.2025 jitender Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No JITENDER 2025.07.25 14:24 I attest to the accuracy of this document PHHC