Punjab-Haryana High Court
The State Of Haryana And Others vs Suresh Kumar on 31 March, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 490 of 2014 (O&M)
Date of Decision: 31.3.2014
The State of Haryana and Others
... Appellants
Versus
Suresh Kumar
... Respondent
CORAM: Hon'ble Mr. Justice Jasbir Singh.
Hon'ble Mr. Justice Harinder Singh Sidhu. Present: Mr. Vinod S. Bhardwaj, Additional Advocate General, Haryana for the appellants. Jasbir Singh, Judge (Oral) Civil Misc. No. 1198-LPA of 2014 In view of averments made in this application, the same is allowed. Delay of 159 days in filing the appeal stands condoned. Letters Patent Appeal No. 490 of 2014 Notice of motion.
Mr. R.S.Sangwan, Advocate who is present in Court, accepts notice on behalf of the respondent. A copy of ground of appeal has been furnished to Mr. Sangwan.
After hearing counsel for the appellant, when the Court was not inclined to agree on merits, counsel for the appellants states that in case the respondent is ready to accept back wages to the extent of 50% from the year 2003, when his service was ordered to be regularized, the State shall not press this appeal.
Bhardwaj Deepak Kumar 2014.04.11 14:02 I attest to the accuracy and integrity of this document Letters Patent Appeal No. 490 of 2014 (O&M) 2
Mr. R.S.Sangwan, Advocate very graciously accepts the offer made.
Taking note of above fact, we dispose of this writ petition directing the State Authorities to regularize service of the respondent in terms of the order passed by the learned Single Judge on 5.9.2013. All the benefits be calculated notionally and arrears be paid to the extent of 50% as agreed between the parties. It is made clear that as per order passed, the entire service including the service rendered by the respondent on daily wages, be counted towards calculation of pensionary benefits. Needful shall be done by the appellant within two months from today, failing which the respondent shall be entitled to full back wages in terms of the order passed by the learned Single Judge.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge March 31, 2014 "DK"
Bhardwaj Deepak Kumar 2014.04.11 14:02 I attest to the accuracy and integrity of this document