Punjab-Haryana High Court
Sultan Singh And Others vs State Of Haryana And Others on 25 February, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
CWP NO.14989 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP NO.14989 of 2010
Decided on 25.2.2011.
Sultan Singh and others ......PETITIONERS
Versus
State of Haryana and others ......RESPONDENTS
Coram HON'BLE MR.JUSTICE RANJIT SINGH
Present: Mr.Deepak Balyan, Advocate and Mr. K.L.Dhingra, Advocate
for the petitioners.
Ms. Shruti Jain, AAG, Haryana for respondents.
RANJIT SINGH, J(Oral)
This order will dispose of two Civil Writ Petition No. 14989 of 2010, titled Sultan Singh and others v. State of Haryana and others and 14920 of 2010, titled Smt. Indira Devi v. State of Haryana and others as issue involved in both the writ petitions is same. The facts are being taken from Civil Writ Petition No. 14989 of 2010.
On 20.8.2010, this Court passed the following order:-
"This is yet another case where the service rendered in the HSMITC is not being counted for the purpose of grant of ACP, though the issue is covered after the decision of the Hon'ble Supreme Court in Civil Appeal No. 4446 of 2008, titled State of Haryana v. Deepak Sud, arising out of SLP(c) No. 14099 of 2006. In such cases, notice has already been issued even to the Chief Secretary.
Notice of motion for 9.12.2010.
On the asking of the Court, Mr. Harish Rathee, Sr. DAG, Haryana accepts notice on behalf of the respondents. Seeks time to have instructions.CWP NO.14989 of 2010 2
Let seven copies of the writ petition be supplied to the State counsel during the course of a day.
Let notice be also issued to the Chief Secretary, Haryana as well as Secretary of the concerned Department to personally look into this issue and come up with a response in the form of affidavits. Any violation of this order may lead to contempt notice to the Chief Secretary, Haryana, in case it is found that the orders of Hon'ble Supreme Court are not being complied with properly.
Order dasti to Mr. Harish Rathee, Sr. DAG, Haryana. The State counsel will bring this order to the notice of Chief Secretary, Haryana and Secretary concerned in person."
State counsel submits that now the State Government has issued a notification recognizing this legal position clearly giving out that service rendered now to HSMITC etc. would be counted for the purpose of grant of ACP.
The prayer made in the writ petition, thus, deserves to be allowed and it is so ordered.
25.02.2011 ( RANJIT SINGH) mamta JUDGE