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Punjab-Haryana High Court
Bikramjit Singh vs State Of Punjab And Ors on 25 March, 2021 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CWP NO. 26802 OF 2018
DATE OF DECISION :25.03.2021

Bikramjit Singh …Petitioner

Versus

State of Punjab and others …Respondents

AND

CWP No. 27457 of 2018

Lakhbir Singh …Petitioner

Versus

State of Punjab and others …Respondents

AND

CWP No. 38027 of 2018

Ramandeep Singh …Petitioner

Versus

State of Punjab and others …Respondents

AND

CWP No. 29808 of 2018

Jashandeep Singh …Petitioner

Versus

State of Punjab and others …Respondents

AND

CWP No. 29810 of 2018

Harcharan Singh …Petitioner

Versus

State of Punjab and others …Respondents

For Subsequent orders see LPA-844-2021 Decided by HON’BLE MR. JUSTICE GURMEET SINGH
SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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AND

CWP No. 38030 of 2018

Harpreet Singh …Petitioner

Versus

State of Punjab and others …Respondents

AND

CWP No. 38033 of 2018

Harwinder Singh …Petitioner

Versus

State of Punjab and others …Respondents

AND

CWP No. 38037 of 2018

Gursimerjeet Singh …Petitioner

Versus

State of Punjab and others …Respondents

CORAM : HON’BLE MR. JUSTICE ARUN MONGA

Present : Mr. Sapan Dhir, Advocate and
Mr. Pradeep Kumar Kapila, Advocate,
for the petitioner (s)

Ms. KanicaSachdeva, AAG, Punjab.

ARUN MONGA, J.

These writ petitions are being decided vide instantsingle order

as material questions of facts and law involved for adjudication therein are

common.

2. Relevant factual narrative, as per CWP No.26802/2018,

succinctly is as under:

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2.1 Punjab Government accorded sanction vide policy instructions

dated 11.09.1996 (AnnexureP-1) to 2% posts for the wards of deserving

policemen of the following categories, in direct recruitment of constables,

Sub Inspectors and Inspectors out of the direct recruitment quota previously

meant for handicapped persons.

Relevant of policy is as below:

The term “deserving” will cover wards of the following police
personnel:
(i) Who have suffered casualities of one or more the
following relatives:
1. Father
2. Mother
3. Sister/Brother
4. Son/Daughter
5. Any other dependent family member
(ii) Who has suffered permanent disability on the action
against terrorist or attack by terrorist.
OR
(iii) Who has been awarded President’s Police Gallantry or
Police Medal for Gallantry bravery in actions against the
terrorists.
OR
(iv) Who has taken part in atleast 3 encounters with terrorist.
OR
(v) Who otherwise in the opinion of the Director-General of
Police has been in forefront of the fight against
terrorism.
The “wards” proposed to covered widow, son,
dependent daughter, dependent brother sister or
any other dependent family member.”

2.2 In the year 2010, CWP No. 13493/2010 and a few other

connected writ petitions were filedin this Court invoking the above said

policy seeking mandamus to appoint the concerned petitioners, against

the reserved 2% posts for the wards of specified categories of deserving

policemen. This Court suo motu expanded the scope of writ proceedings

vide an order dated 15.09.2011, which reads as under:

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“Let there be a show cause notice to the State
Government to explain the legal sanctity behind
providing 2% reservation for the wards of policemen for
recruitment as Constables. Assistant Sub Inspectors and
Inspectors out of direct recruitment quota which is
apparently contrary to the decision of this Court in the
case “Jagtar Singh and others v. State of Punjab and
others” 2006 (3) SLR 781 ?

List on 20.01.2012
Meanwhile, it is directed that till further orders, no
appointment against the above stated 2% reserved posts
shall be made in any rank.
Let a copy of this order be handed over to the learned
Deputy Advocate General, Punjab for information and
necessary compliance.”

2.3 In the interregnum, Respondent No. 2 vide an advertisement

(Annexure P-2) (Colly) published in “The Tribune” dated 29.09.2011

invited applications for direct recruitment of 3726 constables wherein 2%

posts for wards of deserving policemen were reserved. Petitioner fulfilled

the qualifications, was eligible, applied for and was selected on merits

for appointment as a constable against 2% reserved posts for the wards

of deserving policemen as shown in the list of selected candidates

Annexure P-2(Colly).

2.4 Subsequently, aforesaid CWP No. 13493/2010 and the

other connected writ petitions were finally disposed of by this Court vide

judgment dated 11.03.2015 Annexure P-2directing as under:

“The only hitch before the State Government is because of
the order dated 15.09.2011 in which the question was
raised as to whether 2% reservation can be maintainable
in view of the Division Bench judgment in the case of
Jagtar Singh and others (supra). As I have already held
that there is no quarrel with the judgment of Judgment of
Jagtar Singh and others (supra), but had there been the
reservation only on the basis of ‘descent’ because the
reservation on the basis of ‘descent’ as provided under
Article 16 (2) of the Constitution of India has already
been struck off by the Supreme Court in the case of
Yogender Pal Singh and others (supra), then the said
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reservation could not have been claimed by the selected
candidates but the reservation has been provided by
virtue of a policy, referred to above, which has not been
challenged either by the petitioner or the respondents,
therefore, keeping in view the law laid down by the
Supreme Court in the case of Secretary to the Govt. and
another (Supra), it is directed that the said policy would
operate and the respondents/State shall consider the case
of the petitioners in the remaining writ petitions, namely,
CWP No.5147 of 2014, CWP No.20588 of 2013, CWP No.
24695 of 2012 and CWP No.21160 of 2012 for the
purpose of issuing appointment letters to them in
accordance with law.

With these observations, all the writ petitions, namely
CWP No.5147 of 2014, CWP No. 20588 of 2013, CWP
No. 24695 of 2012 and CWP No. 21160 of 2012 are
hereby disposed of.

Before parting, it would be relevant to mention that in
the Ist petition an application under Order 1 Rule 10 of
the Code of Civil Procedure, 1908 (for short “the CPC”)
has been filed by some of the persons, who were also
selected and tried to intervene in this petition. Though
there is no such writ petition on their behalf but keeping
in view the fact they are similarly situated persons with
those candidates who had filed their separate writ
petition, in which it is pleaded that they have been
selected but appointment letters are not issued to them
because of the order passed by this court on 15.09.2011,
their cases be also considered by the State while
considering the case of the writ petitioners.”

2.5 As a consequence, respondent No. 2 issued instructions vide

letter dated 10.04.2015 Annexure P-4 to the concerned authorities

directing that the candidates who had not joined duty and who were not

issued appointment letters, be issued appointment letters as per the orders

passed by this Court in CWP No. 13493/2010 and the other connected writ

petitions.

2.6 Accordingly, petitioner was issued appointment letter dated

28.05.2015 (Annexure P-5) and joined duty. Some other similarly selected

candidates were also issued appointment letters and joined duties.

For Subsequent orders see LPA-844-2021 Decided by HON’BLE MR. JUSTICE GURMEET SINGH
SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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2.7 However, a few other candidates, who were similarly selected

against this reserved quota but were not issued appointment letters, filed

writ petitions, including CWP No. 11606/2015. These were disposed of by

this Court vide common order dated 16.01.2018 (Annexure P-9) in

following terms:

” In the circumstances, the instant writ petitions are
disposed of with a direction to the respondents to examine as to
whether the case of the petitioners is at par with said Lakhvir
Singh. If upon examination, the competent authority comes to
the conclusion that the petitioners are at par with Lakhvir Singh,
the consequential relief be accorded to them within eight weeks
from the date of receipt of a certified copy of this judgment
subject to the following conditions :

1. All other candidates who applied for the post of Constable
in 2% quota of wards of police personnel in the year 2011
will be considered subject to the conditions that they fall
within requisite merit list of their respective district.
2. The appointment letter would be issued from fresh date after
their fulfilling the conditions of medical fitness, scrutiny of
documents, character verification etc.
3. They will be entitled for notional benefits for the purposes of
seniority and no monetary benefits would be granted to them
w.e.f 2011, as per the principle of ‘No work No Pay’. Their
pay and other service conditions would be as applicable on
the date of their appointment.
In case, it is found that said Lakhvir Singh had been
appointed in violation of the policy, the respondents shall take
necessary action against him.
Disposed of.”

2.8 Show cause notice dated 13.07.2018 Annexure P-10 was

issued by respondent No. 3 asking for the petitioner’s explanation

before terminating his services. Its relevant parties as under:

” Due to stay orders in Civil Writ Petition No. 13493 of
2010 tilted as Ranjit Singh v. State of Punjab, against the
appointments for 2% quota, no 2% quota was kept reserved for
the police wards in the advertisement of 2011. A corrigendum
was also issued in this regard in the papers. Despite the same,
you Lakhbir Singh No.672/Ferozepur and Bikramjit Singh
No.77/Ferozepur have illegally applied by wrong means
against the advertisement issued in September 2011 and
obtained against 2% quota of police wards. By keeping in view
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the decisions of the Hon’ble Punjab and Haryana High Courts
in various writ petitions, the Worthy Director General of
Police, Punjab, Chandigarh has granted permission to
terminate your services. Therefore, before terminating your
services, I am granting you an opportunity to give your
explanation. In case you want to say something, then you are
requested to submit a written reply to the undersigned within a
period of 10 days from receipt of this notice.
You are also informed that in case, you do not submit any
written reply within the stipulated period, then final order of
punishment proposed against you shall be passed against you.”

2.9 The petitioner submitted his detailed reply dated 18.07.2018

Annexure P/11 defending his appointment. He also filed CWP No.

18051/2018 challenging the show cause notice. The said writ petition was

dismissed as premature vide an order dated 24.07.2018 passed by this Court.

2.10 Impugned order dated 11.10.2018 Annexure P/13 was then

passed by respondent No. 3 terminating the services of the petitioner herein

and also of LakhbirSingh, petitioner in connected CWP No.27457/2018.

2.11 Interim order dated 17.10.2018 was passéd by this Court in the

present writ petition (CWP No. 26802/2018) directing that the operation of

the impugned order Annexure P/13 shall remain stayed qua the petitioner.

3. In their reply to the petition, respondents have pleaded that in

the advertisement published in “The Tribune” on 29.09.2011, there was no

mention of keeping any reservation for the wards of police personnel.

Inadvertently, the news papers “Ajit” and “Punjab Kesri” on 28.09.2011 and

29.09.2011, respectively had printed wrong advertisements and published

availability of vacancies under 2% quota meant for the wards of the police

personnel. In order to rectify the same and make the position clear, a

corrigendum was published highlighting that “no relaxation/benefit will be

given to the wards of police personnel”. This corrigendum was sent by the

Director General of Police, Punjab (respondent No. 2) to the Director, Public
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Relations, Punjab, Chandigarh vide memo dated 04.10.2011 for publication

in the newspapers namely “Ajit” “Punjab Kesri” and “The Tribune”.

Despite this, the petitioner herein and Lakhbir Singh applied for and were

appointed under 2% quota for the wards of police personnel in violation of

the terms and conditions of the advertisement dated 28/29.09.2011.

Therefore, respondent No. 2 vide letter dated 03.07.2018 directed the

concerned SSP (respondent No. 3) to take necessary steps with regard to the

illegal appointments of the petitioner herein and Lakhbir Singh as

constables. In this connection, detailed order dated 08.08.2018 Annexure

R/1 was also issued by respondent No. 2. Show cause notices were issued

to both these persons and after considering their replies, their services were

rightly terminated. Preliminary objection was also taken that the aforesaid

detailed order dated 08.08.2018, Annexure R/1, is binding on the petitioner,

but has not even been referred to, let alone challenged by him and

therefore, the petitioner is left with no claim for relief.

4. Petitioner filed rejoinder saying that order dated 08.08.2018

Annexure R/1 had not been conveyed to him and re-iterated the averments

and claim in the writ petition.

5. I have heard the learned counsel for the parties and, with their

able assistance, gone through the record.

6. Learned counsel for the petitioners vehemently contended

that,in CWP No. 26802/2018 and CWP No.27457/2018, at the time of the

publication of the advertisement, the policy for 2% reservation for the wards

of deserving police personnel subsisted and was operative; the relevant

advertisement specifically provided for this reservation; the petitioners

fulfilled the criteria for being considered against this quota; they were duly

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selected and, on vacation of the stay against appointments, they were rightly

appointed. There was nothing wrong or illegal on the part of the petitioners

in applying for the posts, their selection and appointments. Still, on totally

wrong and untenable facts, show cause notices were issued to them and

illegal orders were passed terminating their services.

7. In remaining petitions, learned counsel for the petitioners

argued similarly. He contended that petitioners were rightly selected on the

basis of merit and the rejection of their claim for appointment was illegal.

8. It has been argued by the leaned counsel for the respondents

that there was no quota reserved for the wards of deserving police

personnel in the relevant advertisement and yet the petitioners wrongly

applied for, got selected and obtained appointments against that quota. As

such, the petitioners, who thus got appointed, were rightly served with show

cause notices and termination of their services was in accordance with law.

Qua the remaining petitioners, it was contended that their claims for

appointment was against reserved quota were rightly rejected.

9. Having applied my mind to the relevant facts and record and

the submissions on behalf of the learned counsel for the parties, I am of the

opinion that these bunch of petitions merit being allowed.

10. It is not disputed that at the time of publication of the relevant

advertisement in September, 2011, the policy for reservation of 2% posts

for the wards of deserving police personnel subsisted, though there was a

stay order dated 15.09.2011 passed by this Court in CWP No. 13493/2010

and the other connected writ petitions directing that till further, no further

appointment be made against this quota. The petitioners applied for and

were selected on merits for appointment against this quota. These writ

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SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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were finally disposed of by this Court vide judgment dated 11.03.2015

Annexure P-2, upholding the policy decision/instructions of the State for

this reservation. The aforesaid policy decision/instructions of the

Government for reserving 2% posts in direct recruitment for the wards of

deserving police personnel subsist and are operative. Their legality and

validity are not questioned in the present writ petitions. As already noted,

these were upheld by the learned Single Judge of this Court vide judgment

dated 11.03.2015, Annexure P-2.

11. Crux of the allegations against the petitioner in the show cause

notice dated 13.07.2018 for terminating his services is that due to stay

order dated 15.09.2011 in CWP 13493/2010 against appointments for 2%

quota, no 2% quota was kept reserved for the police wards in the

advertisement of 2011; that a corrigendum was also issued in this regard in

the papers and despite the same, he and Lakhbir Singh( Petitioner in CWP

No. 27457/2018) had illegally applied by wrong means against the

advertisement issued in September, 2011 and obtained the appointment

against 2% quota of police wards.

12. Let us now see whether or not these allegations against the

petitioner have been established on record.

13. Petitioner has filed relevant advertisement Annexure P/2

published in “The Tribune” on 29.09.2011. It clearly contains text inter alia ,

that as per instructions issued by the Government from time to time, 25%

seats for Schedule Castes/Schedule Tribes, 12% seats for backward Classes,

13% for Ex-Servicemen, 2% seats for wards of Police personnel& 1% seat

for wards of Freedom Fighters are reserved. Respondents have not filed any

such advertisement, which according to them, was published in “The

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Tribune” and had no mention of keeping any reservation for the wards of

police personnel. They have also not produced on record any other

advertisement, which they claim was published in “The Tribune” and had

no mention of keeping any reservation for the wards of police personnel.

Record thus supports the contention of the petitioner that advertisement

Annexure P/2 published in “The Tribune” on 29.09.2011 contained text

inter alia , that “as per instructions issued by the Government from time to

time, 25% seats for Schedule Castes/Schedule Tribes, 12% seats for

backward Classes, 13% for Ex-Servicemen, 2% seats for wards of Police

personnel& 1% seat for wards of Freedom Fighters are reserved” and

negates the contrary stand of the respondents.

14. As noted above, it is the own case of the respondents that the

news papers “Ajit” and “Punjab Kesri” on 28.09.2011 and 29.09.2011

respectively had printed, wrongly though, advertisements and published

availability of vacancies under 2% quota meant for the wards of the police

personnel. They have not produced any document to show actual

publication of any corrigendum in the newspapers “Ajit” “Punjab Kesri”

and “The Tribune”, which they claim, highlighted that “no

relaxation/benefit will be given to the wards of police personnel”. This Court

is, therefore, unable to accept the stand of the respondents that a

corrigendum was published in the newspapers namely “Ajit” “Punjab

Kesri” and “The Tribune” highlighting that “no relaxation/benefit will be

given to the wards of police personnel”.

15. It follows from the above observations that the relevant

advertisements as published contained text inter alia to the effect that as

per instructions issued by the Government from time to time, 25% seats for

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Schedule Castes/Schedule Tribes, 12% seats for backward Classes, 13% for

Ex-Servicemen, 2% seats for wards of Police personnel& 1% seat for wards

of Freedom Fighters are reserved.

16. Admittedly, the petitioner fulfilled the qualifications and

criteria to apply pursuant to advertisement Annexure P/2 for consideration

against this reserved quota and was selected in November, 2011 on the

basis of his eligibility and merit. He cannot, therefore,be faulted or

penalized for wrongly submitting anapplication and his selection under this

reserved category.

17. In CWP No. 13493/2010 and connected writ petitions, this

Court had suo motu passed an interim order dated 15.09.2011 directing

that till further orders, no appointment against 2% reserved posts for wards

of deserving police personnel shall be made in any rank. It seems that owing

to this stay order, the respondents had kept the petitioner’s appointment on

hold.

18. The aforesaid writ petitions were finally disposed of by this

Court vide judgment dated 11.03.2015 Annexure P-2 upholding the

provision for 2% reservation for wards of deserving police personnel and

directing that the policy would operate and the respondents/State shall

consider the cases of the concerned petitioners and other candidates for the

purpose of issuing appointment letters to them.

19. It was after this judgment dated 11.03.2015 that respondent No.

2 issued letter dated 10.04.2015 Annexure P/4 directing issuance of

appointment letters to the concerned candidates selected against this

reserved quota. Petitioner was also issued appointment letter dated

28.05.2015 Annexure P-5 and joined duty.

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20. In these circumstances, it cannot be said that the petitioner

wrongly obtained appointment as constable against reserved vacancy. He

cannot, therefore, be blamed or penalized for illegally or wrongfully

obtaining the appointment against 2% quota of police wards.

21. Respondents pleaded that vide a detailed administrative order

dated 08.08.2018,(Annexure R/1) respondent No. 2 held the appointments of

the petitioner and Lakhbir Singh to be in violation of the terms and

conditions of the advertisement. They thus deserved to be discharged from

service.Accordingly, the Senior Superintendent of Police, Ferozepur directed

vide letter dated 03.07.2018 to take necessary steps against these constables.

However, the petitioner has not challenged the said order, owing to which he

cannot get any relief. It is asserted in the petitioner’s replication that this

order dated 08.08.2018 Annexure R/1 was not communicated to him.

Perusal of the document shows that it was not even addressed to the

petitioner. No material has been produced to show that this order was

communicated to the petitioner before filing of the writ petition. It cannot,

therefore, be said that while filing the petition, the petitioner deliberately did

not challenge the same. Be that as it may, even otherwise, absence of

challenge there to would not relieve this Court of the duty to exercise its

jurisdiction under Articles 226/227 of the Constitution of India to pass

appropriate orders in the interest of justice.

22. Accordingly, it is held that the show cause notice dated

13.07.2018 Annexure P/10, order dated 08.08.2018 Annexure R/1 and the

impugned order dated 11.10.2018 Annexure P-13 for termination of the

petitioner’s services cannot be sustained on facts and in law and deserve to

be set aside.

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SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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23. Facts and the circumstances in CWP No. 27457/2018 filed by

Lakhbir Singh are analogous. Therefore, similar orders are required to be

passed in his case too. Accordingly, it is held that the show cause notice

dated 13.07.2018 Annexure P/10, order dated 08.08.2018 Annexure R/1

and the impugned order dated 11.10.2018 Annexure P-13 for termination of

the petitioner’s services also cannot be sustained on facts and in law and

deserve to be set aside.

24. Petitioners in CWPs No. 29808, 29810, 38030, 38033, 38037,

38027 of 2018 are similarly placed with the petitioners in CWP

No.26802/2018 and CWP No. 27457/2018, except that the former have not

yet been actually appointed and their claims for appointment have been

rejected by the respondents. They, inter alia, seek mandamus directing the

respondents to issue them the letters of appointment as constable. Thus

being the position and for the foregoing reasons, the relevant orders

rejecting their claim for appointment deserve to be set aside with direction

to the respondents that subject to their eligibility at the time of selection in

2011 and fulfillment of other relevant procedural requirements, these

petitioners be issued letters of appointment as constables against 2% quota

meant for the wards of the police personnel.

25. Accordingly, these writ petitions are disposed of in following

terms:

25.1. CWP 26802/2018-Bikramjeet Singh:

(i) Show cause notice dated 13.07.2018 Annexure P/10, order dated

08.08.2018 (Annexure R/1) and the impugned order dated

11.10.2018 (Annexure P-13) for termination of the petitioner’s

services are set aside.

For Subsequent orders see LPA-844-2021 Decided by HON’BLE MR. JUSTICE GURMEET SINGH
SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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(ii) On the principle of no work no pay, the period during which the

petitioner remained out of service because of termination of his

services till rejoining duty, will be treated as dies-non for which

he will not be entitled to any pecuniary and pensionary benefits

25.2. CWP No. 27457/2018 filed by Lakhbir Singh:

(i) Show cause notice dated 13.07.2018 Annexure P/10, order dated

08.08.2018 Annexure R/1 and the impugned order dated

11.10.2018 Annexure P-13 for termination of the petitioner’s

services are set aside.

(ii) the period during which the petitioner remained out of service,

because of termination of his services till rejoining duty, will be treated as

dies-non for which he will not be entitled to any pecuniary and pensionary

benefits

25.3. CWPs No. 29808, 29810, 38030,38033, 38037,38027 of 2018:

(i) Relevant impugned orders dated 20.08.2018 (Annexure P-12) in

CWP No. 29808/2018 and CWP No.29810/2018, orders dated

08.08.2018 (Annexure P-10) in CWPs No. 38030/2018 and

38033/2018and order dated 20.08.2018 (Annexure P-10) in CWP

No. 38037/2018rejecting the claim the petitioners for

appointment as constables against 2% quota meant for the wards of

the police personnel are set aside

(ii) It is directed that subject to their eligibility at the time of selection

in 2011 and fulfilling other relevant procedural requirements,

the respondents shall issue letters of appointment to the petitioners

as constables against 2% quota meant for the wards of the police

personnel.

For Subsequent orders see LPA-844-2021 Decided by HON’BLE MR. JUSTICE GURMEET SINGH
SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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(iii) Needful as at (ii) be done by the respondents within two months of

the receipt of certified copy of this order.

26. Pending applications, if any, also stand disposed of.

27. Petitions allowed, as above. No order as to costs.

25.03.2021. (ARUN MONGA)
Shalini JUDGE

Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

For Subsequent orders see LPA-844-2021 Decided by HON’BLE MR. JUSTICE GURMEET SINGH
SANDHAWALIA; HON’BLE MR. JUSTICE VIKAS SURI
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