In the Court of Punjab and Haryana High Court at Vs. State of Punjab and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1092056
CourtPunjab and Haryana High Court
Decided OnOct-01-2013
AppellantIn the Court of Punjab and Haryana High Court at
RespondentState of Punjab and anr.
Excerpt:
in the court of punjab and haryana high court at chandigarh -.- civil writ petition no.17104 of 2009 date of decision: october 1, 2013. harpal singh ......petitioner versus state of punjab & anr......respondents coram: hon'ble mr.justice k.kannan present:- mr.n.p.mittal, advocate, for the petitioner. mr.r.s.pathania, dag, punjab. 1. whether reporters of local papers may be allowed to see the judgment ?. no.2. to be referred to the reporters or not ?. no.3. whether the judgment should be reported in the digest ?.no.k.kannan j the petition was directed to be taken up alongwith c.w.p.no.2066 of 2005. the said case has been decided on 22.11.2010 and this court has held that the relevant rules applicable are the punjab industries services (state service class-i).rules 1966 and in terms of the said judgment, the petitioner's claim shall be considered and appropriate decision would be taken. counsel for the petitioner points out that second respondent has expired in the year 2011, during the pendency of the petition and the petitioner was entitled to be considered to the post of controller, as per 1966 rules. the petitioner, however, has since been superannuated on 30.10.2011. the petitioner's claim to whatever post, which was possible and which he was entitled under 1966 rules, will be considered and appropriate decision shall be taken and communicated to the petitioner within eight weeks from the date of receipt of certified copy of this order. civil writ petition no.17104 of 2009 -2- on such consideration if the petitioner's case would come by any benefit of additional remunerations as payable till the time of his superannuation, the same shall also be calculated and released to him within a further period of eight weeks. to the extent, to which this will have any hearing for revision of his termination benefits and pension payable in future, the same shall also be considered and the benefits shall be released to him, when the final order is passed. the entire exercise shall be completed within 12 weeks from the date of receipt of copy of this order. the writ petition is disposed of. (k.kannan) october 1, 2013. judge tripti
Judgment:

IN THE COURT OF PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH -.- Civil Writ Petition No.17104 of 2009 Date of Decision: October 1, 2013.

Harpal Singh ......Petitioner Versus State of Punjab & Anr......Respondents CORAM: HON'BLE Mr.JUSTICE K.KANNAN Present:- Mr.N.P.Mittal, Advocate, for the petitioner.

Mr.R.S.Pathania, DAG, Punjab.

1.

Whether reporters of local papers may be allowed to see the judgment ?.

No.2.

To be referred to the reporters or not ?.

No.3.

Whether the judgment should be reported in the digest ?.No.K.KANNAN J The petition was directed to be taken up alongwith C.W.P.No.2066 of 2005.

The said case has been decided on 22.11.2010 and this Court has held that the relevant Rules applicable are the Punjab Industries Services (State Service Class-I).Rules 1966 and in terms of the said judgment, the petitioner's claim shall be considered and appropriate decision would be taken.

Counsel for the petitioner points out that second respondent has expired in the year 2011, during the pendency of the petition and the petitioner was entitled to be considered to the post of Controller, as per 1966 Rules.

The petitioner, however, has since been superannuated on 30.10.2011.

The petitioner's claim to whatever post, which was possible and which he was entitled under 1966 Rules, will be considered and appropriate decision shall be taken and communicated to the petitioner within eight weeks from the date of receipt of certified copy of this order.

Civil Writ Petition No.17104 of 2009 -2- On such consideration if the petitioner's case would come by any benefit of additional remunerations as payable till the time of his superannuation, the same shall also be calculated and released to him within a further period of eight weeks.

To the extent, to which this will have any hearing for revision of his termination benefits and pension payable in future, the same shall also be considered and the benefits shall be released to him, when the final order is passed.

The entire exercise shall be completed within 12 weeks from the date of receipt of copy of this order.

The writ petition is disposed of.

(K.KANNAN) October 1, 2013.

JUDGE tripti