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2024 Supreme(Online)(PH) 8951

HIGH COURT OF PUNJAB AND HARYANA
JASGURPREET SINGH PURI, J
HAWA SINGH RATHEE AND OTHERS – Appellant
Versus
MUNICIPAL CORPORATION OF FARIDABAD AND OTHERS – Respondent
CWP-16850-1997



Advocates:
For the Appellants/Petitioners: Mr. R. K. Malik, Mr. Sandeep Dhull
For the Respondents: Mr. Sikander Bakshi, Mr. Narinder Singh Behgal, Mr. B. R. Rana

The court ruled that petitioners lacked standing to challenge appointments after significant time had elapsed, emphasizing the importance of locus standi.

Headnote:This case concerns a writ petition filed under Article 226 seeking to quash certain appointments made by the Municipal Corporation of Faridabad. The appellants claimed that the appointments were illegitimate due to absenteeism of Safai Karamcharis during their strike. The court found that the petitioners lacked locus standi as they were not employed by the corporation and ruled it would be improper to overturn the appointments after 27 years. The case is dismissed.

Table of Content
1. petition filed under article 226 to quash appointments. (Para 1 , 2)
2. court observes the appellants lack the standing. (Para 3)
3. court dismisses the petition due to elapsed time. (Para 4 , 5)
JASGURPREET SINGH PURI, J. (Oral)

1. The present writ petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned appointments of respondents No.4 to 710.

2. Learned Senior Advocate appearing on behalf of the petitioners submitted that the present writ petition is of the year 1997 and the grievance of the petitioners at that point of time when the petition was filed was that in the respondent-Municipal Corporation, the Safai Karamcharis had gone on a strike from December, 1996 till March, 1997 and during that period, the respondent- Municipal Corporation had taken a decision to appoint the private respondents, 1 of 2 ::: Downloaded on - 10-04-2024 21:23:22 :::

3. Learned counsel for respondent No.1-Municipal Corporation does not dispute the aforesaid position.

4. After hearing learned counsel for the parties, this Court is of the view that the present writ petition is of the year 1997 and so far as the present four petitioners are concerned, even otherwise also they did not have any locus to challenge the appointment of the private respondents because they were not working in the respondent-Municipal Corporation and they were not those Safai Karamcharis who were displaced. This Court, therefore, is of the view that after a period of about 27 years, it will not be just and proper to upset the appointment of the private respondents.

5. Consequently, the present writ petition is hereby dismissed.

(JASGURPREET SINGH PURI) 08.04.2024 JUDGE Chetan Thakur Whether speaking/reasoned Whether reportable 2 of 2 ::: Downloaded on - 10-04-2024 21:23:23 :::

  • CWP-16850-1997 -2- which are large in number. He further submitted that all those Safai Karamcharis who had gone on a strike thereafter, came back on duty although terminated at that point of time but they were adjusted at different places. He further submitted that so far as the present four petitioners are concerned, their only grievance at that point of time when the petition was filed was that the appointment of the private respondents was a backdoor entry but they were never working in the respondent-Municipal Corporation. He also submitted that now about 27 years have elapsed and since the prayer is for quashing the appointments of the private respondents, which are large in number, with the efflux of time, the cause of action would not survive because the number of years where the private respondents have been working is very large.

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