Punjab-Haryana High Court
State Of Haryana & Others vs Virender Singh Marya on 27 November, 2013
Bench: Surya Kant, Surinder Gupta
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
LPA No. 270 of 2013 (O&M)
Date of Decision : 27.11.2013
State of Haryana & others
.......... Appellants
Versus
Virender Singh Marya
...... Respondent
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CORAM : HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE SURINDER GUPTA
Present : Mr. Baldev Singh, Addl. A.G., Haryana
for the appelalnts.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. (Oral)
The instant Letters Patent Appeal impugns the order dated 29.05.2012 passed by learned Single Judge, allowing the respondent's writ petition along with bunch of cases including the main case i.e. CWP No. 905 of 2011 titled W.C. Goyal Vs. State of Haryana and another.
Various Letters Patent Appeals preferred by State of Haryana were dismissed by us on 29.08.2013 and the view taken by the learned Single Judge was upheld. This matter was segregated on the request made by learned State counsel.
It is urged by Mr. Baldev Singh, Addl. A.G., Haryana that even if the view taken by the learned Single Judge is accepted yet the respondent is not entitled to claim higher pay scale as he does not fall within the 20% quota. He submits that the case of the respondent could not be segregated before the learned Single Judge as no written statement was filed and distinguishable features could not be pointed out. Satyawan 2014.01.08 17:06 "I attested to the accuracy and integrity of this document"
High Court Chandigarh LPA No. 270 of 2013 2 If that be so, we dismiss the appeal but with liberty to the State of Haryana to move an application before the learned Single Judge along with its written statement to point out that the case of the respondent is different than that of W.C. Goyal and others. If the application is moved by the State within a period of one month from the date of receipt of certified copy of this order, we request the learned Single Judge to entertain the same on merits.
Letters Patent Appeal stands disposed of.
(SURYA KANT) JUDGE (SURINDER GUPTA) JUDGE 27.11.2013 'Satyawan' Satyawan 2014.01.08 17:06 "I attested to the accuracy and integrity of this document"
High Court Chandigarh