Sarjeewan Rani v. State Of Punjab And Others

RSA-510-2020 (O&M) SARJEEWAN RANI V/S STATE OF PUNJAB AND OTHERS

Present:

Mr. Prince Goyal, Advocate, for the appellant. Mr. Rohit Ahuja, Deputy Advocate General, Punjab. Mr. Vishal Aggarwal, Advocate, for applicant/intervenor in RA-RS-8-2022.

***** RA-RS-8-2022 Present application has been filed for recalling the order dated 06.02.2020 by which, the Coordinate Bench of this Court had directed that as the RSA relating to the claim of service benefits can be decided after appreciating the facts and the rules governing the issue in hand, while filing the RSA (service), the synopsis as well as rules being relied upon be also tagged for the convenience of the Court so as to decide the issue as expeditiously as possible.

Learned counsel appearing on behalf of the intervenor submits that though, filing of the synopsis is not being objected to but attaching relevant rules sometime create difficulties hence, liberty be given to the counsel to present the rules at the time of hearing in case need arises and the said order dated 06.02.2020 be modified accordingly. Learned State counsel submits that the Department, wherever needed, can also bring to the notice of the Court the relevant rules so as to decide the issue in accordance with law.

Keeping in view the above, the order dated 06.02.2020 is only modified to the extent that whenever RSA (service) is filed, synopsis of the HARSHA RANI 2024.03.06 17:24 I attest to the accuracy and integrity of this document

RSA-510-2020 (O&M) issue in question be filed for the convenience of the Court and the rules and others regulations, which are also involved, be kept readily available with the counsel so that in case of need, same can be presented before this Court. Qua the attachment of documents being relied by appellant, learned counsel for the intervenor submits that only the documents which have come on record before the Courts below can only be relied upon and the same be taken care by requistioning the lower Court record. Keeping in view the same, learned counsel filing RSA (service) need not attach the documents supporting the claim but they have liberty to attach the documents, which are already on record before the lower Court in order to substantiate their claim at the time of hearing. Present application is disposed of in above terms. RSA-510-2020 Learned counsel appearing on behalf of the appellant prays for an adjournment on the ground that the arguing counsel is in personal difficulty.

In the interest of justice, adjourned to 22.04.2024. February 26, 2024 (HARSIMRAN SINGH SETHI) harsha JUDGE HARSHA RANI 2024.03.06 17:24 I attest to the accuracy and integrity of this document