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High Court of Punjab and HaryanaCOCP/3312/2014dismissed

Kewal Krishan And ANR v. Amarjit Singh Dullet

2017-05-24Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

COCP No. 3312 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 3312 of 2014 Date of decision : 24.05.2017 Kewal Krishan & anr.

....Petitioners V/s Amarjit Singh Dullet ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

None for the petitioners.

Mr. V. Ramswaroop, Addl. A.G. Punjab.

RAJAN GUPTA J.

Writ court disposed of the petition vide its order dated April 14, 2014. Operative part of the order reads as under:- "Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that since the impugned order is patently illegal, the same is hereby set aside. Petitioner is held entitled for all the service benefits which were earlier granted to him in compliance of civil court decree. The Chief Engineers (Canal), Irrigation Works, Punjab-respondent No.3 is directed to ensure the strict compliance of the civil court decree as well as the instant order passed by this Court within a period of three months from the date of receipt of a certified copy of this order.

It goes without saying that whatever service benefits have already been granted to the petitioner, the same shall be adjusted, while granting him the remaining benefits." Learned State counsel submits that in view of aforesaid order, entire payment has been released to the petitioners. However, their claim for Ajay Kumar 2017.05.24 16:03 I attest to the accuracy and authenticity of this document interest is misconceived as no such direction was given by the writ court.

COCP No. 3312 of 2014 He has also referred to para 4 of the affidavit dated 06.02.2017 to contend that decree of the civil court in favour of the petitioner has also been implemented in letter and spirit.

Case has been called out twice since morning. Stand taken by the State remains uncontroverted. Under the circumstances, this petition is rendered infructuous and is dismissed as such. Rule is discharged.

May 24, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.05.24 16:03 I attest to the accuracy and authenticity of this document