BHOOM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this application is for disposal of the writ petition in the light of the fact that the claim of the petitioner is covered in his favour by the judgment passed by this Court on similar facts and law and of the same department in Civil Writ Petition No. 884 of 1992 (L.R. Khanna Versus State of Haryana & another), decided on 17.02.2003 (Annexure P -5). Letters Patent Appeal preferred against the said order has also been dismissed and even the Special Leave Petition preferred by the State stands dismissed by the Hon'ble Supreme Court. He, on this basis, contends that the present writ petition deserves to be allowed as the petitioner is claiming the similar benefit as has been granted in the case of L.R. Khanna (supra). Counsel for the respondents, on the other hand, contends that Civil Writ Petition No. 13465 of 2006 similar writ petitions preferred by similarly situated employees have been dismissed by the Division Bench of this Court vide order dated 28.08.1997 passed in Civil Writ Petition No. 11868 of 1996 (Annexure R -II) pertaining to the same department. He further contends that the Letters Patent Appeal and the Special Leave Petition preferred by the State have been dismissed by the Courts on the ground of delay and latches and no decision on merit has been given. He further contends that the Courts had not taken into consideration the notification dated 06.03.1992 (Annexure R -I), which states that it is applicable to the Engineers of PWD (three wings) only and not to the Department of Panchayati Raj.

(2.) I have considered the submissions made by the counsel for the parties and with their assistance have gone through the records of the case.

(3.) IN the light of the fact that the claim of the petitioner is Civil Writ Petition No. 13465 of 2006 identical to that of Shri L.R. Khanna, who had filed Civil Writ Petition No. 884 of 1992, which has been allowed by the learned Single Judge of this Court on 17.02.2003 (Annexure P -5) against which Letters Patent Appeal and the Special Leave Petition preferred have been dismissed, the judgment having attained finality will have full applicability so far as the claim of the petitioner is concerned. The learned Single Judge, while allowing the claim of Shri L.R. Khanna, had further placed reliance upon a Division Bench judgment of the Court in Civil Writ Petition No. 4216 of 2001 (S.K. Yadav and others Versus State of Haryana and others) as also Jatinder Kumar Verma Versus The State of Haryana,, 1994 (4) SCT 37. Against the said judgment also, Letters Patent Appeal No. 1176 of 1994 was dismissed on 20.03.1995 and the Special Leave Petition was also dismissed and the judgment has attained finality.