Civil Writ Petition No.7876 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7876 of 2010 Date of decision: 29.03.2011 R.K. Wadhwan .....Petitioner VERSUS Uttar Haryana Bijali Vitran Nigam Limited & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Naveen Daryal, Advocate, for the petitioner. Mr. RS Kundu, Advocate, for the respondents. **** RANJIT SINGH, J. The petitioner has filed this writ petition for quashing of the instructions Annexure P-1, by which the benefit of breakage/shortage has been restricted to 5% of the existing cost of transformer and 20% of the total cost of transformer oil despite the fact that there is no negligence on the part of the employee. Ultimate relief claimed is for release of an amount of ` 65360/-, which is withheld from his gratuity and monthly salary on account of shortage. In the reply filed by the respondents, it is disclosed that the petitioner has filed a civil suit claiming the same relief, which has been dismissed. Copy of the said order has been placed on record as Annexure R-1. Counsel for the respondents has drawn my attention to the relevant part of the order, whereby the same relief for release of gratuity withheld was claimed and has been declined. The Civil Writ Petition No.7876 of 2010 -2- petitioner had filed an appeal against this order, which was also dismissed and thereafter, he has changed track to file this writ petition. To me, it appears that the petitioner has moulded the writ petition in a manner to give it a different colour. Ultimately, relief claimed is for release of gratuity amount, which has been withheld. Once the petitioner has filed a civil suit, he would certainly be at a disadvantage to file a writ petition, which cannot be entertained. He has even withheld this fact. There is an attempt on the part of the petitioner to mislead and overreach the Court . This attempt is certainly not appreciated. The writ petition is, therefore, dismissed with costs of `2000 as costs. To be deposited with the accounts of Legal Services Authority, Haryana. March 29, 2011 ( RANJIT SINGH ) monika JUDGE