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Punjab-Haryana High Court

Dharam Paul Singh vs State Of Punjab And Others on 5 March, 2010

Author: Surya Kant

Bench: Surya Kant

CWP No.11017 of 1994.doc                                                   -1-




            HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                        ****
                              CWP No.11017 of 1994
                           Date of Decision: 05.03.2010
                                        ****

Dharam Paul Singh                                    . . . . Petitioner

                                       VS.

State of Punjab and others                           . . . . . Respondents

                                     ****
CORAM :                    HON'BLE MR.JUSTICE SURYA KANT
                                     ****
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?
                                ****
Present:        Mr. Gurnam Singh, Advocate for the petitioner

                Ms. Charu Tuli, Sr. DAG, Punjab

                Mr. A.K. Jaiswal, Advocate
                                   *****

SURYA KANT J. (ORAL)

(1). In this Civil Writ Petition filed in the year 1994, the petitioner seeks quashing of the seniority list, besides a direction for his placement above the private respondents and then promote him as Assistant, Superintendent Gr-II and Excise & Taxation Officer w.e.f. 01.07.1986, 01.04.1989 and 08.07.1994, respectively.

(2). Ms. Charu Tuli, learned Sr. DAG, Punjab, on instructions, informs that during the pendency of CWP No.11017 of 1994.doc -2- this writ petition, the petitioner has unfortunately passed away while in service. She states that besides releasing all the monetary benefits, the petitioner's son has also been employed on compassionate grounds.

(3). Counsel for the petitioner, however, insists that had the petitioner been assigned the correct seniority and consequential promotions, it would have led to additional monetary benefits and increase in family pension admissible to one of the dependents of the deceased.

(4). As prayed for by him, the writ petition is disposed of with a direction to respondents No.1 and 2 to consider and dispose of the petitioner's representation dated 24.12.2001 (Annexure P7) in accordance with rules/Government policy. Needless to say that if the deceased petitioner is entitled to assignment of seniority over and above the private respondents and/or retrospective promotion(s), the consequential monetary benefits etc. shall be paid to the legal representatives of the deceased employee.

(5). The entire exercise shall be completed within a period of six months from the date of receipt of a certified copy of this order.

CWP No.11017 of 1994.doc -3-

(6).               Ordered accordingly.

(7).               Dasti.

                                          (SURYA KANT)
                                             JUDGE
05.03.2010
vishal shonkar