COCP No.1063 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1063 of 2009 (O&M) Date of decision: 18.9.2009 Ram Kishan Sharma ......Petitioner(s) Versus Shri R.K. Khullar and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Pawan Gaur, Advocate for the petitioner. Mr. Narender Hooda, Advocate and Mr.Mohnish Sharma, Advocate for the respondents. Rakesh Kumar Garg, J.(Oral) CM No.22191-CII of 2009 Application is allowed subject to all just exceptions. COCP No.1063 of 2009 Vide judgment dated 3.2.2009, this Court had directed the respondents to reconsider the case of the petitioner as per the instructions dated 31.1.2006 (attached as Anenxure P-3 with the writ petition). The grievance of the petitioner before this Court is that the respondents have not considered him in compliance of the judgment of this Court as aforesaid. In response to the show cause notice issued by this Court, reply by way of affidavit of Sh. Shyam Sunder Arora, Administrative officer, Municipal Corporation, N.I.T., Faridabad, has been filed. The relevant para of the aforesaid reads as under:- “That the contents of paras 11 of the contempt petition are wrong and hence, vehemently denied. In reply COCP No.1063 of 2009 (O&M) 2 thereto, it is submitted that it is completely wrong that the respondents did not consider the case of the petitioner after passing of the order dated 3.2.2009 by this Hon'ble Court. It is most humbly submitted that in compliance of the order dated 3.2.2009 (Annexure P-1) passed by this Hon'ble Court, the answering respondents vide office letter dated 6.4.2009 directed the petitioner to get himself medically examined immediately from Civil Surgeon, Faridabad and to submit the same before 15.4.2009 so that in compliance of the orders passed by this Hon'ble Court, further necessary action shall be taken. A true translated copy of the office letter dated 6.4.2009 is attached herewith as Annexure R-1. However, in reply to the office letter dated 6.4.2009, the petitioner vide letter dated 15.4.2009 intimated the respondent office that his medical examination could not be done again and did not submit any fresh medical certificate with regard to his disability. A true translated copy of the letter/reply dated 15.4.2009 submitted by the petitioner is attached herewith as Annexure R-2. After receiving the reply dated 15.4.2009 submitted by the petitioner, the respondent-Nigam vide its office letter bearing memo No.1807 dated 22.5.2009 duly informed the petitioner that as per orders passed by the Hon'ble High Court, the petitioner was asked for undergoing fresh medical examination and the petitioner has not submitted any fresh medical certificate/report to the answering COCP No.1063 of 2009 (O&M) 3 respondents and therefore, his case cannot be considered for the extension of 2 years service in the absence of fresh medical examination report. A true fair typed copy of the office letter/memo No.1807 dated 22.5.2009 is attached herewith as Annexure R-3. Thus, in view of the above mentioned facts and circumstances of the case, it is amply clear that the petitioner was asked to submit fresh medical certificate with regard to his disability but the petitioner did not submit/supply any such fresh medical certificate/report and therefore, he was duly informed by the competent authority vide office letter dated 22.5.2009 that his case for extension of 2 years service in the absence of fresh medical examination/report cannot be considered. Thus, the answering respondents complied with the order dated 3.2.2009 ( Annexure P-1) passed by this Hon'ble Court in its true letter and spirit. However, it is still open for the petitioner to get himself medically re-examined and in case he submits the fresh medical report his case will be considered accordingly.” Keeping in view the offer of the respondents to the petitioner to get himself medically re-examined and submit the fresh medical report, learned counsel for the petitioner is ready to submit the fresh medical report. If the petitioner get himself medically re-examined and submits the fresh medical report within 15 days from today, his case will be reconsidered by the respondent-Authorities in the light of the aforesaid fresh medical report. COCP No.1063 of 2009 (O&M) 4 With the aforesaid observations, the petition is disposed of. Rule discharged. September 18, 2009 (RAKESH KUMAR GARG) ps JUDGE