IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14414-2025 Date of Decision: 19.05.2025 MOHAN LAL ......... Petitioner Versus STATE OF HARYANA AND OTHERS ...... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Sandeep Thakan, Advocate for the petitioner.

Ms. Rajni Gupta, Addl. AG, Haryana.

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JAGMOHAN BANSAL , J. (Oral)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 19.03.2025 whereby respondent has rejected his claim to allow him to join service.

2. The petitioner worked with Kurukshetra Development Board (for short ‘Board’) as Electrician from April’ 2018 to July’ 2023. He was engaged through Haryana Kaushal Rozgar Nigam Limited (for short ‘HKRNL’). He tendered his resignation on 12.07.2023.

3. Learned counsel for the petitioner submits that post is still lying vacant, thus, he should be considered for the post.

4. I have heard the arguments of learned counsel for the parties and perused the record with their able assistance.

5. The petitioner tendered his resignation on 12.07.2023 The respondent-Board forwarded his resignation alongwith acceptance to HKRNL which relieved him w.e.f. 02.08.2023. HKRNL deployed Gulshan Kumar as Electrician who joined respondent-Board on 03.10.2023. Gulshan Kumar was relieved w.e.f. 18.01.2024. At present, post of Electrician is lying vacant in the office of respondent. Sanction for the post expired on 31.12.2024 and there is no further extension. As per impugned order, respondent neither filed application dated 21.09.2023 nor served legal notice dated 01.10.2024 seeking withdrawal of his resignation. He never withdrew his resignation and in any case once resignation is accepted, there is no question of withdrawal.

6. From the perusal of impugned order, it is evident that petitioner neither filed application dated 21.09.2023 nor served legal notice dated 01.10.2024 seeking withdrawal of his resignation. He made false averments before this Court that he has served legal notice or filed application seeking withdrawal of his resignation. The act of respondent is not just and bona fide. He made false averments in Civil Writ Petition No.1110 of 2025 titled as ‘Mohan Lal Vs. State of Haryana and others’ which was disposed of vide order dated 17.01.2025. The petitioner is unable to controvert findings of respondent that neither application dated 21.09.2023 nor legal notice dated 01.10.2024 was served upon respondent. The post in question, as per impugned order, is not further sanctioned by State Government. The petitioner himself tendered resignation which was accepted by authorities. The petitioner cannot be permitted to resign and thereafter seek appointment as per his whims and convenience.

7. In the wake of aforesaid facts and findings, this Court does not find it appropriate to direct the respondent to allow petitioner to re-

join service.

8. Dismissed.

( JAGMOHAN BANSAL )

JUDGE

19.05.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No