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Punjab-Haryana High Court

Sunder Sham And Ors vs State Of Haryana And Ors on 29 January, 2014

Bench: Jasbir Singh, Harinder Singh Sidhu

                                             LPA No. 393 of 2013
                                                     1

                   IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                     CHANDIGARH

                                                     LPA No. 393 of 2013 (O&M)
                                                     Date of decision:January 29,2014

                   Sunder Sham and ors.                                 ..... Appellants
                               Versus
                   State of Haryana and ors.                            .... Respondents
                                            --

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

            Present:           Mr. Deepak Sabharwal, Advocate
                               for the appellants.

                               Mr. H.S. Hooda, Advocate General, Haryana

                                --
            JASBIR SINGH, J.(Oral)

For the reasons mentioned in the application, delay of 566 days in filing the appeal is condoned.

CM stands disposed of.

Counsel for the appellants states that he be allowed to withdraw the appeal as the order passed in favour of the appellants is deemed to have become infructuous in view of the Ordinance No.6 of 2013 'The Haryana (Abolition of Distinction of Pay Scale between Technical and Non-

Technical Posts) Ordinance, 2013' promulgated on 10.12.2013, copy of which has been placed on record. It is further stated that liberty be granted to them to challenge the above said Ordinance by filing writ petition and taking all the pleas which have been taken in this appeal and also the plea that the said Ordinance is not applicable to them. No objection in this regard has been made by opposite counsel.

In this view of the matter, we allow the appellants to withdraw this appeal. The order passed by learned Single Judge on 28.04.2011 shall have no affect qua the parties. However, liberty is granted to the appellants to lay challenge to the said Ordinance by filing writ petition and raising therein all pleas including those raised in this appeal and also the plea that the Ordinance is not applicable to the appellants.

(JASBIR SINGH ) JUDGE ( HARINDER SINGH SIDHU ) JUDGE 29.01.2014 dinesh Kumar Dinesh 2014.02.17 10:17 I attest to the accuracy and integrity of this document High Court,Chandigarh