ONKAR SINGH GULERIA Vs. STATE OF H.P.
LAWS(HPH)-2014-7-217
HIGH COURT OF HIMACHAL PRADESH
Decided on July 08,2014

Onkar Singh Guleria Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

Tarlok Singh Chauhan, J. - (1.) THE petitioner has approached this Court by way of present writ petition claiming therein the following substantive reliefs: (i) That the order dated 04.06.2007 and 20.06.2007 passed by the respondent No. 1 & 2 whereby the service of the petitioner has been terminated, be quashed and set aside as the same has been passed by the respondents No. 1 and 2 arbitrarily without hearing the petitioner and against the order of Hon'ble High Court of Himachal Pradesh dated 28.11.2005 in CWP No. 333 of 2003. (b) That the respondent No. 1 and 2 be directed to reinstate the petitioner alongwith all service benefits as the aforesaid order dated 4.6.2007 and 20.06.2007 are null and void as the same is wrong, illegal and arbitrary. (c) That the respondent No. 1 and 2 be directed to release the back wages and medical reimbursement etc. to the petitioner with interest at the rate of 12% per annum and retirement benefits. (d) That the retirement date of petitioner from his service is 30th November, 2009 in case the petition is decided after 30th November, 2009 the petitioner prays that retirement benefits be given to him as per law.
(2.) THE petitioner was working as Zila Sainik Welfare Officer at Kangra and while this Court was ceased of the matter relating to shifting of Judicial Courts at Kangra in CWP No. 333 of 2003, the petitioner indulged in direct correspondence with the then Hon'ble the Chief Justice of this Court, the contents whereof reads as follows: Speed Post No. PWF 13/KangraDeputy Director Sainik Welfare,Kangra at Dharamshala 176215.Dated, Dharamshala 176215 the 26th July, 2005. ToShri X,Chief Justice of High Court of H.P.,Shimla 171,001 (HP). Subject: Construction of new Courts Complex - Alternation accommodation -Handing over the possession of Sainik Rest House, Kangra. His Excellency, 1. Personal Attention of CHIEF JUSTICE is drawn to this office letter No. PWF 13/Kangra dated 20 July, 2005 addressed to Registrar High Court of Himachal Pradesh requesting Registrar to place the matter before Chief Justice. 2. Judges of District Court Kangra are illegally and in clandestine manner imposing their 'WILL' on Deputy Commissioner Kangra and SDM Kangra who want to confiscate the property of Sainik Welfare Department. The Sainik Rest House is the property of Rajya Sainik Board whose Chairman is Governor of Himachal Pradesh. Deputy Commissioner, Kangra and SDM Kangra has no JURISDICTION to take over the said property which has movable property worth several lacs and what about SAINIK WELFARE for whom this Sainik Rest House is constructed by Government of India Funds.
(3.) KARGIL MARTYRS GIFT BY District Administration and Judges of Kangra Courts. To martyr they want to pay homage by confiscating Sainik Rest House, Kangra. What a homage letter No. SK/05 -311/R -SDK dated 26 July, 2005 of SDM Kangra is enclosed as a proof of this gift on 26 July, 2005 on the Kargil day.;


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