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| HC dismisses petition with costs of Rs one lakh | | | Jammu, Sept 4 : In two different petitions filed by Rajesh Chib and Ors who are serving as Guards in Forest Protection Force seeking to consider them as civil employees and not a Belt force and grant them all such benefits and privileges as are available to the civil employees working in the state Government departments of J&K Government, Justice Dhiraj Singh Thakur after hearing Sr. Adv Sunil Sethi with Adv Veenu Gupta appearing for Rajesh Chib and Ors observed that No mention has been made in the instant writ petition that the petitioners had also filed a writ petition bearing SWP No. 2192/2001, which was dismissed in the year 2002, instead reference has been made in the writ petition to annexure 'C' which pertains to SWP Nos. 896/2005 and 415/2005 which were only interim orders, staying the transfer of the petitioners from one district to another. A statement has been made in paragraph 8 of the petition that the aforementioned petitions were subsequently withdrawn by the petitioners.
However, no mention at all was made to the petition bearing SWP No. 2192/2001 dismissed vide judgment and order dated 01.03.2002.
Even after the filing of the objections by the respondents and the specific averments made in paragraphs 17 and 18 of the objections that a similar relief was denied to the petitioners, no rejoinder was filed by the petitioners.
Neither was the same denied at the stage of arguments.
Petitioners, therefore, clearly concealed material facts and took a chance once again before this Court to have their status determined with a view to established that they were civil employees and not members of the Belt Force.
This was clearly impermissible in law. With these observations Justice Dhiraj Singh Thakur dismissed the petition with costs of Rs one lakh which shall be deposited in the Advocate's Welfare Fund. In another petition filed by Balram Singh and Ors clubbed with petition filed by Rajesh Chib and Ors, Justice Dhiraj Singh Thakur after hearing Adv Rahul Pant allowed the petition filed by Balram Singh and Ors with direction to respondents shall re-draw the seniority list of the petitioners strictly in accordance with rules applicable and consider all eligible for promotion to the post of Inspector Forest Protection Force thereafter.(JNF) |
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