IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 8861 of 2008 Decided on : 08.12.2010. Rajneesh Kakkar ..…Petitioner. Versus State of H.P and Others. .… Respondents. Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner :Mr. K.D. Shreedhar, Advocate. For the Respondents No.1 to 3 :Mr. Anil Jaswal, Dy. Advocate General V.K. Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 7 (i) to (iii) :- “(i) That the order dated 14.8.2002 (Annexure A-12) may kindly be quashed and set aside. (ii) That the respondents may be directed to regularize the services of the applicant as Lecturer in Physics (College Cadre) with all consequential benefits. (iii) That respondent No.3-Principal, Govt. College, Una may directed to accept the joining of the applicant.” 2. In the reply, filed on behalf of respondents, the following stand has been taken vide para 3 :- 1 Whether reporters of the local papers may be allowed to see the judgment? No, 2 “3. That the present original application filed by the applicant is not maintainable because the applicant who was serving as lecturer in Physics at Govt. Degree College, Una on stop gap arrangement left the college by applying for one day casual leave on 10.7.2001 and continued applying for the extension of leave till December, 2001. He was time and again asked by the respondent No.3 i.e. Principal Degree College, Una to join back, his duties but he did not pay any heed to the same till a letter dated 15.7.2002 i.e. annexure A-3 as annexed by the applicant with this present original application. On the receipt of this letter dated 15.7.2002 i.e. annexure A-3 the applicant made up his mind to join previous services against which the benefit of regularization was being extended but his name was not included the list of notification dated 25.7.20- 02 annexure A-13 as annexed by the applicant with this present original application, because the Govt./ replying respondent was aware of the fact by that time that the applicant has taken a job of lecturer in D.A.V Institute of Engineering & Technology, Jallandhar. The fact of his joining D.A.V. Institute was got verified by deputing two senior lecturers of Govt. Degree, Una as members of the Enquiry Committee. During the course of inquiry the Director-cum-Principal of the D.A.V Institute of Engineering and Technology, Jallandhar has confirmed in writing that the applicant is working in his institution as lecturer in 3 Physics since 11.7.2001. This fact shows that the applicant joined the D.A.V Institute on the next day of applying for one day casual leave from Govt. Degree College, Una. The copy of the Inquiry Report and writing of the Director-cum-Principal of D.A.V. Institute of Engineering and Technology, Jallandhar are annexed and the same are marked as annexure R-1 and R-2 respectively. After verifying the fact of joining another job the services of the applicant were terminated on 14.8.2002 vide annexure A-12 as annexed by the applicant with the present original application. But this fact has not been brought in the knowledge of the Government/replying respondent by the applicant and hide the same. And as per rule, a person cannot hold two job at the same time. So, in view of these facts, the question of accepting the joining report and including the name of the applicant in the list of lecturers, i.e. annexure A-13 does not arise at all. Therefore, in view of these facts and submissions, the present original application filed by the applicant deserves dismissal.” 3. In view of the above, in case the petitioner still has any surviving grievance with regard to the factual and legal position, he may certainly point out the same by way of appropriate representation before respondent No.1/competent authority within a period of one month from today along with copy of this judgment and the said respondent/competent authority shall decide the same 4 within another three months after affording an opportunity of being heard to the petitioner, if so desired. 4. In view of the above, the petition stands disposed of, so also the pending CMP(s), if any. (V.K. Sharma) Judge. 8th December, 2010 CS