C.W.P. No. 14501 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 14501 of 2009 DATE OF DECISION: October 22, 2009 Bhagwant Singh .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Dr. Narinder Lucky, Advocate, for the petitioners. Mr. B.S. Chahal, DAG, Punjab. AJAI LAMBA, J. (ORAL) This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to release payments in pursuance to orders dated 02.09.2002 and subsequent orders placed on record as Annexures P-1 to P-3. It seems that the petitioner had earlier approached this Court by way of filing CWP No. 13931 of 2002 praying for completion of service book. The petition was disposed of on 02.09.2002 with direction to respondent no. 2 to ensure that service book of the petitioner is completed within six months from the date of receipt of certified copy of the order. Since the needful had not been done, Contempt of Court Petition C.W.P. No. 14501 of 2009 2 bearing No. 243 of 2004 was filed which was disposed of on 12.07.2004 in view of the affidavit of the respondents that service book had been completed and salary had been fixed according to Rules. Some amount regarding arrears have been paid to the petitioner. In regard to the remaining amount of arrears, it was directed that the petitioner would be at liberty to file representation which would be disposed of by the respondents within three months of receipt of representation. Order Annexure P-3 is an order passed in COCP No. 344 of 2005 decided on 17.08.2006. This Court has noticed that the respondents are guilty of not complying with directions issued by the Court within stipulated period or within reasonable period. The petition was disposed of with directions to the respondents to pay costs Rs.10,000/- to the petitioner. Further Principal Secretary to Government of Punjab, Department of Education was directed to determine the responsibility of those who are responsible for the delay in completion of service book of the petitioner. Direction further had been given to the effect that consequential service benefits be released to the petitioner. Six months' time was given to the respondents vide order dated 17.08.2006. In this present petition, notice of motion was issued and DPI, Senior Secondary, Punjab, was directed to remain present in court. Mr. Sukhwinder Singh having additional charge of the post is present in Court and states that the petitioner had remained absent for certain periods for which final orders have not been passed. I find that the respondents have been repeatedly showing disregard to the rights of the petitioner. Service book is required to be maintained by the Head of the department concerned which was not done. C.W.P. No. 14501 of 2009 3 The petitioner had to make a number of representations in view of the fact that the claims arising in lieu of service rendered by the petitioner could not be finalized without the service book. Finally the petitioner had to approach this Court. Orders were passed. In total disregard even to the orders passed in CWP No. 13931 of 2002 dated 02.09.2002, the needful had not been done. The petitioner was forced to file Contempt of Court Petition bearing no. 243 of 2004. Affidavit was filed on behalf of the respondents, however, only a part of duty had been performed by the respondents. For the remaining part, the petitioner had to again file a representation. The petitioner again had to approach this Court by way of filing COCP bearing No. 344 of 2005 which was disposed of after noticing that the respondents had committed contempt, however, while giving certain directions, the matter was disposed of while imposing Rs. 10,000/- as costs. The last Contempt Petition was disposed of on 17.08.2006. I find that till 2009, all the matters in relation to the service of the petitioner have not been finalized. I am constrained to observe that the conduct of the respondents shows their inefficiency and total disregard to the rights of the employees of the respondents. The respondents have even not complied with the orders passed by this court, in view of undertaking given by way of affidavits, as is evident from facts noticed above. This petition is disposed of with a directions to Sh. Sukhwinder Singh, DPI (SE) Punjab to ensure that all the issues in relation to the service of the petitioner are decided within a period of two months from today. However, in view of the proceedings noticed above and the agony of C.W.P. No. 14501 of 2009 4 litigation that the petitioner had to face till date, the petitioner would be compensated by way of Rs.20,000/- as costs, the burden of which would be borne by officials/officers who are responsible for showing disregard to the orders of the Court and to the rights of the petitioner. 22.10.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?