HC bars service writs without designation, posting details; rule kicks in from Dec 15
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsService-related writ petitions filed without disclosing the designation, place or last place of posting of the petitioners will not be entertained by the Punjab and Haryana High Court from December 15. Objections to such filings will be formally raised by the high court Registry. The mandatory requirement flows from a judicial order passed on November 21, now operationalised through an administrative note issued by order of the Chief Justice.
In a note on the issue, the High Court made it explicit that it was compulsory to mention in all service matters the designations held by the petitioners and their place or last place of posting—whether the employee was serving or retired—in the memo of parties. It further clarified that objections would be raised by the “DRR Section” at the filing stage in case of non-compliance.
The clarification stems from an order passed in a civil writ petition, where the High Court adjourned the proceedings in a service matter filed 137 petitioners. The Bench took note of the fact that the memo of parties did not disclose either their designations or place of posting.
Justice Namit Kumar noted that such lapses were routine and were repeatedly delaying adjudication, particularly the filing of written statements by the respondents. “This court has come across various writ petitions relating to service matters, wherein number of persons are joined as petitioners. However, neither their designations, nor place of postings are mentioned in the memo of parties. Even in some cases, where the employees had already retired from service, only their residential addresses are mentioned in the memo of parties without mentioning the posts held by them and place of their last posting,” the Bench observed, adding that case in hand was one such matter. Justice Kumar added that the absence of requisite information delayed the filing of written statements by the respondents for want of complete information.
While adjourning the matter to enable the petitioners to file an amended memo of parties, the court categorically directed the Registry not to entertain any service petition carrying incomplete particulars. The Bench is being assisted in the matter by senior advocate Puneet Jindal and Puneet Bhushan.