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High Court of Punjab and HaryanaCWP/13378/2000disposed of

Surinder Kumar v. State Of Punjab & ANR

2024-08-27Mr. Justice Harsimran Singh Sethi2 pages

CWP-13378-2000 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-13378-2000 (O&M) Date of Decision : 27.08.2024 Surinder Kumar .. Petitioner

Versus

State of Punjab and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr.R.K. Arora, Advocate for the petitioner.

Mr. T.P.S. Chawla, Sr. DAG, Punjab.

**** HARSIMRAN SINGH SETHI J. (ORAL) 1.

In the present petition, the challenge is to the order dated 15.09.2000 (Annexure P-8) by which, the date of regularization of the services of the petitioner was changed.

2.

Learned counsel for the petitioner submits that the Division Bench while issuing notice of motion on 29.09.2000, stayed the operation of the impugned order and the petitioner continued working with the respondents with the date of regularization as 01.10.1980. Learned counsel submits that unfortunately the petitioner has also died as of now. 3.

Learned counsel for the respondents submits that the petitioner already continued working with the date of regularization as 01.10.1980 under the orders of the Court, hence the validity of the impugned order needs to be adjudicated.

4.

It may be noticed that the petitioner continued in service with SATYAWAN 2024.08.30 12:34 I attest to the accuracy and integrity of this document

CWP-13378-2000 (O&M) the date of regularization as 01.10.1980 and even the benefits have been given by treating the services of the petitioner rendered from 01.10.1980. Once, the petitioner has already died, and the retiral benefits have already been released ignoring the impugned order, the respondents cannot give effect to the said impugned order as of now after the petitioner is no more in this world. Keeping in view the said fact, the respondents are directed not to give effect to the impugned order qua the petitioner any further. 5.

The petition is disposed of in the abovesaid terms. 6.

All pending applications, if any, stand disposed of accordingly. 27.08.2024 (HARSIMRAN SINGH SETHI) Satyawan JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No SATYAWAN 2024.08.30 12:34 I attest to the accuracy and integrity of this document