R A GOEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Amended memo of parties filed by the appellant, is taken on record.

(2.) Having remained unsuccessful before both the Courts below, the plaintiff-appellant (hereinafter referred as 'the plaintiff') has preferred this regular second appeal.

(3.) The plaintiff, after his retirement as Engineer-in-Chief from the Public Works Department, was appointed as Chairman of the Haryana State Pollution Control Board (for brevity 'the Board') on 15.03.1990, the tenure of which was only for three years. However, with the change of the Government in May/June, 1991, one S.P. Grover was appointed as Chairman of the said Board on 07.09.1991. Since S.P. Grover was junior to the plaintiff, therefore, he (plaintiff) challenged the said notification before this Court by filing a writ petition i.e. CWP No.14123 of 1991. However, due to change of circumstances the State of Haryana superseded the said Board under Section 61 and 62 of the Water (Prevention and Control of Pollution) Act, 1974 and due to that the aforesaid writ petition stood infructuous and accordingly, an order was passed by this Court on 11.05.1992. Thereafter, the plaintiff challenged the aforesaid order of the State Government through another CWP No.5752 of 1992, but the said petition was also dismissed on 15.05.1992.