CWP No.14354 of 2012 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CM No.260 of 2013 in/and CWP No.14354 of 2012 Date of decision:
16. 1.2013 K.S.Tomar ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE Mr.JUSTICE SURYA KANT HON'BLE MR.JUSTICE R.P.NAGRATH PRESENT: Mr.Ravi Verma and Mr.Sunil Bhardwaj, Advocates for the petitioner.
Mr.RD Sharma, DAG, Haryana.
SURYA KANT, J.
(ORAL) CM No.260 of 2013 For the reasons mentioned in the application, the same is allowed.
Amended writ petition is taken on record.
CWP No.14354 of 2012 The short grievance of the petitioner in this writ petition is against notification dated 23.11.2010 (Annexure P-5) whereby one Member Tribunal comprising Sub Divisional Magistrate, Panchkula has been constituted under the Maintenance and Welfare of Parents and CWP No.14354 of 2012 -2- Senior Citizens Act, 2007.
The petitioner is also aggrieved by the order dated 20.7.2012 (Annexure P-7) passed by one Member Tribunal in exercise of its powers under the above-mentioned Act.
The grievance of the petitioner against constitution of one Member Tribunal was based upon Rules 3 and 23 of the Haryana Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, whereunder “ each Tribunal shall consist of three members one of them shall be official member not below the rank of Sub Divisional Magistrate, who shall be the Chairperson.
The two non-official members shall be nominated by the Deputy Commissioner-----”.The official respondents have filed their reply-affidavit along with notification dated 10.12.2012, whereby Maintenance Tribunal, Panchkula, comprising Sub Divisional Magistrate, Panchkula and two non-official members has been constituted.
The aforesaid notification supersedes the previous notification dated 23.11.2010.
In view of the fact that a new Tribunal stands constituted in accordance with Rules, the instant writ petition has been rendered infructuous and is disposed of accordingly.
However, the order dated 20.7.2012, passed by one Member Tribunal, being without jurisdiction, is also set aside with liberty to the newly constituted Maintenance Tribunal to pass an appropriate order in accordance with law and after hearing the parties.
( SURYA KANT ) JUDGE January 16, 2013 ( R.P.NAGRATH ) rishu JUDGE