Punjab-Haryana High Court
The State Of Punjab And Others vs Gurcharan Singh on 8 April, 2013
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CM No. 4003-C of 2013 in/and
RSA No. 4421 of 2011
Date of decision: April 08, 2013
The State of Punjab and others
.. Appellants.
Vs.
Gurcharan Singh
.. Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Baljinder Singh Sra, Addl. A.G. Punjab.
Mr. S.K. Chawla, Advocate for the respondent.
A.N. Jindal, J CM No. 4003-C of 2013 This is an application for preponing the case. Notice of the application.
On the asking of the court, Mr. Baljinder Singh Sra, Addl. A.G. Punjab, who is present in the court accepts notice.
Both the parties are ready with the arguments. As such, the instant miscellaneous application is allowed and the case is preponed.
Let the main appeal be heard today itself.
RSA No. 4421 of 2011 Assailed in this appeal is the judgment dated 28.4.2011 passed by the first appellate court whereby the appeal filed by the plaintiff- respondent was accepted and his suit was decreed, while observing as under
:-
"In view of my above findings the appeal is accepted and the suit of the plaintiff is decreed to the extent that the defendants are directed to decide the period of service rendered by the plaintiff w.e.f. 9.11.1971 to 31.3.1975 for the purpose of fixing seniority of the plaintiff and other consequential benefits within three months from today...."RSA No. 4421 of 2011 -2-
On scrutiny of the judgment delivered by the first appellate court, it transpires that in the light of the fact that the plaintiff had filed representation to the effect that the period spent by him w.e.f. 9.11.1971 to 31.3.1975 at Punjab Police Academy, Phillaur be also counted for fixing his seniority during the period he remained in service but the same was not considered. Therefore, a direction is issued to consider and decide his representation. However, it is made clear that from this order it may not be inferred that the plaintiff is bound to be given benefit of seniority but the competent authority would consider and pass a speaking order as to whether the appellant's aforesaid period could be considered towards fixing his seniority.
Disposed of accordingly.
April 08, 2013 (A.N. Jindal) deepak Judge