2

IN THE PUNJAB 4 HARYANA HIGH COURT AT CHANDIGARH

rn C.W.P. No. 35829 of

2019-

Hari Ram and others Applicants/Petitions.

Versus
State of Haryana and others Respondents.

Reply by Sh Agay Kohar, Executive Engineer (Op)

Divi. UHBVN, Guhla on behalf of respondents no.
1 to 3.
R/Sir,
With respectfully submit as under:
Preliminary Objcctrenfi.- -
1. That at the outset it is respectfully, submitted before
this Hon'ble Court by the answering respondents that the
contentions and pleas raised by the petitioners
herein, until and unless specifically admitted
hereinafter, are denied specifically being
wrong and frivolous.
2. That the present Civil Writ Petition is false,
frivolous, vexatious and same has been filed by the
petitioner only to harass the answering respondents.
3. That it is pertinent of point out here that the
petitioners earlier file a CWP No. 17563/2002 before
this Hon’ble Court requesting a writ m the nature of
mandamus directing the respondents to regularise the
service of the petitioners in their respective cadre.
The Hon'ble Court allowed the writ petition vide order
02.05.2005 by issuing the direction to the respondents
to consider the case of present applicants for
regularisation of their service in their respective
cadre with in a period of 6 moths from today.
4. That having considered the order dated 02.05.2005
passed by the Hon'ble Punjab and Haryana High Court,
Chandigarh in CWP No. 17563/2002 the SE 'Cp' Circle
UHHVN, Kaithal passed the speaking order vide office
order No. 144, 145 & 146/Vo-IV dated 30.06.2011 in
which it is clearly mentioned that the services of the
petitioners is not possible to be regularized in
absence of sanctioned permanent post however it is
assured that the Services of the
applicants/peritioners will be regularized on his tern
on available of regular vacancy m their respective
cadre.
5. That the petitioners filed Execution Application no.
14/2030 in CWP No. 17563/20Q2 regarding to get the
order dated 02,05.2005 executed. The said execution
application was decicTed oy the Hon’ble High Court on
01.12.2011 and issued the directions the respondents
shall create supernumerary posts to regularised the
petitioners. The order shall be complied with in a
period of 4 weeks from the date of receipt of copy of
the order.
6. That the respondent Kigarr. after obtaining the advice
from LR, HPU, Panchkula vide his office memo no.
 433/LB-2(185) dated 22.02-2012, filed a civil
No. 10248/2013 (Special Leave Petition No. 157SC ^Mx-.
titled Haryana Vidyut Parsaran Nxgam Ltd. and Others Vs
Hari Ham and Others before the Hon’tie Supreme Court
India which was decided on 01.li.20lJ by passing •- »e
following order:-
Leave Granted
"By virtue of impugned order dated 01.12.2011
passed by High Court of Punjab and Haryana, the
appellant has been directed to create supernumerary
posts so as to regularise services of the respondents.
In our opinion such a direction can not be given
as it would be contrary to law laid down by this Court.
Therefore, we direct that if the respondents are
eligible for being regularised as per the policy of the
appellant -corporation, the needful shall be done by
the appellant for regularxsation of the respondents in
accordance with the policy, which might be followed by
the appellant-corporation.
The directions given by the High Court is quashed.
The appeal is allowed with no order as to costa".
7. That the petitioners also filed a COCP No. 1843/2015
(O&M) before this Hon’ble Court being aggrieved of the
order passed in execution application the respondents
filed an SLP and the same was allowed on 01.11.2013 by
the Hon’ble Apex Court of India which was decided by
this Hon’ble Court or. dated 10.11.2019 and passed the
following order:-
The respondents annexed order dated 29.04.2015
with the reply filed. The claim of the petitioners was
rejected, however, an assurance was given that their
services will be regularised on their turn and as per
availability of vacancies.
The grievance raised by the learned counsel for
the petitioners is that the vacancies are available
with the Corporation but the needful is not being done.
Learned counsel for the respondents disputes the
said position.
Learned counsel for the petitioners, at this
stage, seeks liberty to avail remedy in accordance with
law against order dated 29.04.2015 and also for
claiming benefit, if any arising from the said order.
In view of the above, the contempt petition is
disposed of with liberty as prayed for."
8. That the petitioners are habitual for filing the writ
petitions and other miscellaneous applications for
seeking rhe direction on the same cause of action
whereas the respondent Nigam has assured at every stage to
regularize the services of the petitioners on availability
of regular sanction post in the respective cadre but no such post
are available in the Nigam.
Thus is petitioners are wasting the precious time of
this Hon’ble Court so the present writ petition is
liable to be dismissed with heavy costs.
Reply on merits; -
1-3. That the contents of para no. 1 to 3 of cwp
matter of record which are to be proved by the
petitioners through reliable documents.
4-6. That the contents of para no. 4 to 6 of
matter of records which needs no comments. the CWP are
7-iO. That the contents of para no. 7 to 10 of
also matter of -----------r-e--c-o--r-d-s- w1 hich cannot PL the CWP 13
be denied
it is clarified that the order dated Qi i*- 20 however
challenged before the Hon’ble Supreme Court’ c-f — ’was
India in
 5LP (Civil) No. 10248/2013 and Hon'bl* Apex Court
quashed the direction of this Hon'ble Court.
furthet submitted that the tegular poat of respective
cadre m not available with th® Hi gam so the services
nf the petitionary in not possible to be regularise'*
11-14. That the contents of para no. 11 to 14 of CWP are
.lino matter of record. However it is therefore
submitted that the speaking order dated
29.04.2015(Annexure P-ll) was passed by
Superintending Engineer *QP* Circle UHBVL Kaithal by
giving the details facts of Nigam pulley and position
of vacant regular post in respective cadre then the
claim of the petitioners was rejected with assurance to
regularise their services in respective cadre on
availability of regular post in the Nigam.
15-17. That the contents o! para no. 15 to 17 of CWP are
also matter >f record which needs no comments.
18-19. That the contents of para no. 18 to 19 of CWP are
also matter of record which needs no comments.
20-22. That the contents of para no. 20 to 22 of CWP are
legal which .ire to be adjudicated by this Hon'ble
Court♦
23. That th econtentsofparano.23ofCWParealso
matter of record.
24. That t hecontentsofparano.24ofCWPis the this
questionary whicharealsotobodecidedby
Hon’ble Court.
25.25. That the contentsofparano.25ofCWPiswrongand
denied.
26. That the contents of para no. 26 of CWP is the
prayer para which has not substance to be maintain
because the petitioners have already availed sufficient
opportunity by tiling the several writ petitions and
mine, applications there by wasted the precious time of
this Hon'ble Court whereas the respondents Nigam has
assured to regularise the service of the petitioners on
availability of regular post in respective cadre.
It is therefore, respectfully prayed that keeping
in view the position explained above, the present
petition deserve to be dismissed with heavy cost in the
Interest, of justice.

Place:
Da tod: On behalf of Respondent no.
lto3

(Ajay Kohar)
Executive Engineer
(Op)Divi. UHBVN, Guhla)