Subhash Chand Madkhan v. State Ofpunjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-8025-2001 Date of Decision: 23.05.2024 Subhash Chand Madkhan ........Petitioner

Versus

State of Punjab & Ors.

.........Respondents

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Vivek Suri, Advocate, with Mr. Dushyant Godara, Advocate, for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

Mr. M. B. Rajwade, Advocate, for Mr. Sangram Saron, Advocate, for respondent No.3. Mr. Akshay Goel, Advocate, for respondent No.4. **** AMAN CHAUDHARY, J.(ORAL) 1.

Learned counsel submits that the prayer of the petitioner was based on principle of old vacancy old rule, however he is not in contact with client, who may have even retired during the interregnum. 2.

Learned State counsel, on the other hand, refers to the judgment of Hon'ble the Supreme Court in State of Himachal Pradesh and Ors. vs. Raj Kumar and others (2023) 3 SCC 773, wherein the case of Y.V. Rangaiah vs. J. Sreenivasa Rao, (1983) 3 SCC 284, which held that vacancies arising before amendments will be governed by old rules and not amended ones, stands overruled.

3.

Disposed of reserving liberty with the petitioner to get it revived in case need arises.

(AMAN CHAUDHARY) JUDGE 23.05.2024 anil Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ANIL KUMAR 2024.05.24 15:43 I attest to the accuracy and integrity of this document