Kulwinder Singh v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 103-2 +231




CM No. 3227-CWP-2024 in/and CWP No.7113 of 2020(O&M) Date of Decision:27.02.2024 Kulwinder Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. H.S.Saini, Advocate for the petitioner Mr. Vinish Singla, Senior Panel Counsel for Union of India *** JAGMOHAN BANSAL, J. (ORAL) 1.

The applicants-respondents through instant application are seeking disposal of CWP No. 7113 of 2020 in terms of order dated 20.12.2023 passed by this Court in CWP No. 18617 of 2017. 2.

Counsel for the parties are ad idem that present case is covered by order dated 20.12.2023 passed by this Court in CWP No. 18617 of 2017, however, Mr. H.S.Saini, Advocate, submits that not only Grade Pay but present pay of the petitioner may also be protected. He further submits that petitioner may not be assigned duty which is not in consonance with his medical condition.

3.

Faced with this, Mr. Vinish Singla, Senior Panel Counsel, on instructions from Jagdish Chandra, Law Officer, DRM Officer, Ferozepur, assures the Court that present pay including Grade Pay of the petitioner shall PARAMJIT KAUR SAINI 2024.02.27 03:38 I attest to the accuracy and integrity of this document

CM No. 3227-CWP-2024 in/and CWP No.7113 of 2020(O&M) -2-




be protected and petitioner shall not be assigned duty which is not in consonance with his medical condition.

4.

The present petition, in terms of statement of both sides, stands disposed of. The respondents would endeavour to protect rank of the petitioner and determine/fix his pay in terms of paragraph 1308 of Chapter XIII of Indian Railway Establishment Manual (Annexure P-5). 5.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 27.02.2024 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2024.02.27 03:38 I attest to the accuracy and integrity of this document