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Punjab-Haryana High Court

State Of Punjab And Anr vs Harbir Singh And Ors on 10 February, 2014

Bench: Jasbir Singh, Harinder Singh Sidhu

                                         LPA No. 1020 of 2013(O&M)
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                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                       LPA No. 1020 of 2013 (O&M)
                                                       Date of Decision : 10.02.2014


                       State of Punjab and anr.                         ... Appellants


                                                  Versus


                       Harbir Singh and ors.                            .... Respondents



                       CORAM:HON'BLE MR. JUSTICE JASBIR SINGH
                            HON'BLE MR.JUSTICE HARINDER SINGH SIDHU

                       Present:     Mr. Gaurav Garg Dhuriwala, DAG, Punjab

                                    Mr. K.L. Arora, Advocate

                                                  --

                       JASBIR SINGH, J.(Oral)

For the reasons mentioned in the application, delay of 219 days in filing the appeal, is condoned.

Application stands disposed of accordingly.

In response to the order dated 05.09.2012 passed by learned Single Judge of this Court, vide order dated 23.04.2013, respondents No.1 to 4 have been ordered to be regularized in service from the following dates:-

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Satnam Singh s/o Jambar Singh 02/07/03 Harbir Singh s/o Bhagwan Singh 06/04/04 Saber Khan s/o Kadar Khan 02/07/04 Jaswant Singh s/o Sadhu Singh 01/10/04 It is stated by the State counsel that upto the year 2009, some juniors to the above said respondents were regularized in service on the dates mentioned in the order dated 23.04.2013 and they continued in service up to the year 2009 when their services were de-regularized. It is stated that if the order of learned Single Judge is implemented in toto, then for the period of six years, respondents no.1 to 4 shall also get equal benefits, whereas those benefits for that period already stood released in favour of the juniors, who were wrongly promoted. This he states would not be proper or just. Faced with the situation, Mr. Arora very fairly states that let continuity of service be given from the date mentioned in the order dated 23.04.2013. Respondents No.1 to 4 shall be given pecuniary benefits from the date when services of those persons, who were wrongly promoted, were de-regularized in the year 2009.

We feel that the offer made is very fair. Accordingly, the order passed by learned Single Judge is modified to the extent that all the notional benefits be given to respondents No.1 to 4 from the date mentioned in the order dated 23.04.2013. However, arrears shall be paid only from the date when juniors were de- regularized in the year 2009. Benefits be released in favour of respondents No.1 to 4 within a period of two months from the Kumar Dinesh 2014.02.19 13:58 I attest to the accuracy and integrity of this document High Court,Chandigarh LPA No. 1020 of 2013(O&M)

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date of receipt of copy of this order.

(JASBIR SINGH ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE 10.02.2014 dinesh Kumar Dinesh 2014.02.19 13:58 I attest to the accuracy and integrity of this document High Court,Chandigarh