Punjab-Haryana High Court
Haryana Power Corporations [Hvpn vs Prem Kumar Verma & Ors on 14 May, 2013
Bench: Surya Kant, Ritu Bahri
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
LPA No. 710 of 2013. [O&M]
Date of Decision:14th May, 2013.
Haryana Power Corporations [HVPN,HPGCL, UHBVN, DHBVN
Scheduled Caste/Tribes and Backward Classes Employees Union
Appellant through
Mr. S.K.Tamak, Advocate
Versus
Prem Kumar Verma & Ors. Respondents through
Mr. Rajbir Sehrawat, Advocate, for respondent No. 1.
Mr. J.S.Maanipur, Advocate.
Mr. D.S.Rawat, Advocate, for respondents No. 8, 9 and 10.
CORAM:HON'BLE MR. JUSTICE SURYA KANT HON'BLE MS. JUSTICE RITU BAHRI
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] This order shall dispose of LPA Nos. 710 and 896 of 2013 as both these appeals arise out of the common judgment dated 07.08.2012 rendered by the learned Single Judge whereby Haryana Government instructions dated 16.03.2006 for the grant of accelerated seniority to the employees belonging to Scheduled Caste reserved category, have been struck down, being in conflict with the decision of Hon'ble Supreme Court in M.Nagaraj Vs. Union of India [2006] 8 SCC 212.
The appellants were not party to the above stated decision. Their grievance, however, is that in purported compliance of the decision of the learned Single Judge, the State of Haryana has issued another set of instructions dated 20.02.2013 whereunder they are apprehending their immediate reversion.
It is in this context that the appellants urge that the learned Single Judge ought to have quashed the executive instructions with prospective effect only. It is also contended that the controversy resolved by the learned Single Judge pertained to stepping up of the pay and not the inter-se seniority between reserved and open category employees.
Since both the contentions are strenuously contested by the private respondents and the same were not apparently raised before the learned Single Judge, learned counsel for the appellants seeks and is permitted to withdraw these appeals with liberty to move appropriate application[s] for modification/clarification of the order under appeal.
Ordered accordingly.
Suffice it to observe that the appellants shall be at liberty to make out a case for the grant of interim protection before the learned Single Judge by way of an appropriate application.
With the above mentioned liberty and observations, these LPAs are disposed of. Dasti.
( SURYA KANT )
JUDGE
May 14, 2013. ( RITU BAHRI )
dinesh JUDGE