Skip to content


Avtar Singh Vs. Dr. Roshan Shankaria and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Avtar Singh

Respondent

Dr. Roshan Shankaria and Others

Excerpt:


.....to pass a speaking order with regard to the claims of the petitioner for granting him the selection grade. non-compliance of the aforesaid order has been alleged in this contempt petition. upon notice, reply by way of affidavit dated 03.09.2012 of chander gaind, director public instruction (colleges) punjab was filed stating that a speaking order dated 17.08.2012 was passed in the case of petitioner giving him the necessary relief. however, it was the contention of the petitioner that he was not granted the consequential benefits. today, an additional affidavit of tarsem dhariwal, director public instruction (colleges) punjab has been filed in court, which is taken on record. according to the said affidavit, a fresh speaking order dated 22.11.2012 (annexure r-1) has been passed. the respondents have cocp no.2467 of 2011 (o&m) 2 further placed on record a receipt attached as annexure r-2 with the aforesaid affidavit, according to which all the arrears on account of the benefits as per the judgment of this court have been received by the petitioner up to 28.02.2012. however, learned counsel for the petitioner states that the petitioner has not been paid the arrears after.....

Judgment:


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2467 of 2011 (O&M) Date of decision:

7. h December, 2012 Avtar Singh Petitioner Versus Dr.

Roshan Shankaria and others Respondents CORAM: HON’BLE Mr.JUSTICE RAKESH KUMAR GARG Present: Mr.Vivek Sharma, Advocate for the petitioner.

Mr.M.C.Berry, Addl.

Advocate General, Punjab.

RAKESH KUMAR GARG, J.

(ORAL) Vide judgment dated 27.09.2010 passed in CWP No.11645 of 1997, this Court had directed the respondents to pass a speaking order with regard to the claims of the petitioner for granting him the Selection Grade.

Non-compliance of the aforesaid order has been alleged in this contempt petition.

Upon notice, reply by way of affidavit dated 03.09.2012 of Chander Gaind, Director Public Instruction (Colleges) Punjab was filed stating that a speaking order dated 17.08.2012 was passed in the case of petitioner giving him the necessary relief.

However, it was the contention of the petitioner that he was not granted the consequential benefits.

Today, an additional affidavit of Tarsem Dhariwal, Director Public Instruction (Colleges) Punjab has been filed in Court, which is taken on record.

According to the said affidavit, a fresh speaking order dated 22.11.2012 (Annexure R-1) has been passed.

The respondents have COCP No.2467 of 2011 (O&M) 2 further placed on record a Receipt attached as Annexure R-2 with the aforesaid affidavit, according to which all the arrears on account of the benefits as per the judgment of this Court have been received by the petitioner up to 28.02.2012.

However, learned counsel for the petitioner states that the petitioner has not been paid the arrears after the aforesaid date i.e.28.02.2012.

Be that as it may, in view of the fresh speaking order passed this Court is not inclined to proceed further with this petition.

However, the petitioner is at liberty to represent to the respondent-authorities with regard to the remaining arrears after 28.02.2012 and if any such representation is made, the respondents shall consider the same in accordance with law and dispose it of within a period of two months thereafter.

Disposed of.

(RAKESH KUMAR GARG) JUDGE December 7, 2012 rps


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //