Read Order: Sunder v. State of Haryana and others

Chandigarh, September 29, 2021: The Punjab and Haryana High Court has dismissed a petition, which was filed under filed under Articles 226/227 of the Constitution of India for issuance of directions for deciding the legal notice dated October 15, 2018 wherein the petitioner had claimed the relief of reinstatement.

 Herein, the legal notice in question pertained to the claim of petitioner for the relief of reinstatement on regular post of Sweeper-cum-Chowkidar. The petitioner was engaged on part-time basis on July 27,1992, and his services were regularized on August 21,2014. 

It was the petitioner’s case that he resigned on November 15,2014. After the said resignation, the petitioner was stated to have moved an application dated May 4,2015 to withdraw his resignation and thereafter, written a letter to the Education Minister.

It was in such circumstances the petitioner was approaching this Court. 

The Bench of Justice G.S.Sandhawalia observed that after his resignation, the petitioner’s relationship with the respondents as employer-employee came to an end in 2014, which was a voluntary act on the part of the petitioner. Therefore, now, at this belated stage, he could not seek consideration that he betaken back in service. 

During the course of arguments, counsel also admitted that the petitioner had been drawing pension.

In such circumstances, keeping in view the fact that there is no legal or vested right, the Bench opined that a writ of mandamus is not liable to be issued, for the relief claimed.

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