CWP No.12915 of 1998 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12915 of 1998 Date of decision : 12-08-2010 Ram Kumar .... Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.P.S. Ahluwalia, Advocate, for the petitioner. Mr. Himanshu Raj, AAG, Haryana, for the respondent-State. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioner is an unfortunate person, who in search of green pastures losts his livelihood. Petitioner was regularly employed as Tool and Die Maker Instructor in the Department of Industrial Training & Vocational Education Department, Haryana. He had seven years' of service to his credit. At the relevant time, Haryana State Electricity Board advertised posts of Junior Engineer. In response to the advertisement, petitioner applied and was selected. Appointment letter was issued in favour of the petitioner and he joined Haryana State Electricity Board as Junior Engineer. The selection CWP No.12915 of 1998 -2- of the petitioner was made a subject matter of challenge in the Courts of Law. The litigation concluded with the final verdict pronounced by Hon'ble the Apex Court. Selection of petitioner was held to be bad as respondent – Board had recruited Junior Engineers beyond the posts advertised. Thus the petitioner lost his appointment with Haryana State Electricity Board. At the time, when petitioner left his Parent Department of Industrial Training & Vocational Education, he submitted following communication which is now termed as resignation:- “To Director, Industrial Training & Vocational Education, Haryana, Chandigarh. Sub: Request to relieve. Sir, I have been selected in Haryana State Electricity Board as per the instructions of the Department, No.TE/99/196/8876/V/30/4193. Please accept deposit of one month salary and I be relieved w.e.f. 3.05.1993. I have given my complete charge. Copies of same are attached and this be considered as my resignation. Thanking You, Yours sincerely, (Ram Kumar)” On this communication, on 16.06.1993, Director of the Department passed an order that resignation of Ram Kumar has been accepted w.e.f. 3.05.1993. The present writ petition was filed on 21.05.1998. A Division Bench of this Court on August 18, 1998 CWP No.12915 of 1998 -3- passed the following order:- “Though we are not convinced with the submission of the learned counsel that the petitioner is entitled to withdraw his resignation as of right, we feel that the Government can accommodate the petitioner and remedy the injury suffered by him. Notice of motion to the respondents. Shri Jaswant Singh, learned Deputy Advocate General, Haryana is requested to accept notice on behalf of the respondents. Put up on 30.10.1998.” Counsel for the petitioner has submitted that Government made no effort to accommodate the petitioner and apply balm to his injury. Counsel states that though similarly situated persons, like Char Singh, Om Partap Singh and Sushil Kumar were taken back in service by the Parent Department. I have heard counsel for the parties. Admittedly, taking the observations made at the motion stage by a Division Bench of this Court on August 18, 1998 which has been reproduced above, Department has not considered the case of the petitioner to accommodate him in the Department. Petitioner had 7 years of experience and qualification which could be utilized by the Department to its benefit. The Department could consider to grant fresh appointment to the petitioner. Be that as it may, without adding any further words to the observations made by Division Bench of this Court, the respondents are directed to consider the case of the petitioner sympathetically. The Department shall also take into consideration assertion of the petitioner that similarly situated CWP No.12915 of 1998 -4- persons named above were taken back in service. The present writ petition is disposed of. (KANWALJIT SINGH AHLUWALIA) 12-08-2010 JUDGE manju