CWP No.1922 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.1922 OF 2008 DATE OF DECISION: 08-02-2008 Ms. Parveen .....PETITIONER VERSUS Bharat Sanchar Nigam Limited and others .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr. R.K.Kapoor, Advocate with Mr.Vikas Goyal, Advocate for the petitioner. HEMANT GUPTA, J. The petitioner was appointed as Junior Accounts Officer on 08-09-1993 against a reserve post of “Other Backward Class”. The services of the petitioner were terminated on 29-03-2006 on the ground that the petitioner does not fulfill the criteria of “Other Backward Class” as she falls in Creamy Layer. Such order was passed in terms of the earlier order passed by this Court on 06-01-2006 wherein it was held that the family income of the petitioner did not justify her case falling in the “Other Backward Class” category. The said order dated 29-03-2006 was challenged by the petitioner before this Court in CWP No.5807 of 2006. The writ petition was dismissed on 18-04-2006 as the claim of the petitioner even against the General category was found to be without merit as she was lower in merit then the last General category candidate. Thereafter, the petitioner moved an CWP No.1922 of 2008 2 application for review of the order on the basis of new instructions and some new facts. Such review application was dismissed on 27-04-2007. The Special Leave Petition against the order passed was also dismissed on 23-07-2007. Thereafter, the petitioner moved an application for re-consideration of her case to the Department claiming re-instatement on the basis of a certificate to the fact that she is a non-Creamy Layer category candidate. Such request has been declined on 12-12-2007 (Annexure P20). Learned counsel for the petitioner has argued that the challenge in the present writ petition is to the order Annexure P-20 and not to the order of termination dated 29-03-2006 and, therefore, the present writ petition is maintainable. The argument is wholly mis-conceived, untenable and in fact is an attempt to circumvent the order passed by this Court earlier. On 06-01-2006, the Division Bench judgment of this Court has found that the family income of the petitioner did not justify her case as that of in the “Other Backward Class” category. On the basis of said order, the order of termination was passed on 29-03-2006. The writ petition against the said order was dismissed. Even the Special Leave Petition stands dismissed. After the above orders were passed, no representation was maintainable as the order which has been affirmed by this Court could not be set at naught by the Departmental Authorities. In the order Annexure P20, the Departmental Authorities has only communicated the factum of the decision of this Court. Therefore, we are of the opinion that the present writ petition is nothing but an abuse of process of law. The same is dismissed with costs of Rs.5000/-. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) February 08, 2008 JUDGE jt