State Of Haryana And ORS v. Babita Rani

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1.

Letters Patent Appeal No.740 of 2010 (O&M) DATE OF DECISION: 27.02.2015 The State of Haryana and others .....Appellants versus Babita Rani .....Respondents 2.

Letters Patent Appeal No.930 of 2011 (O&M) State of Haryana and others ....Appellants versus Rajbir Singh .....Respondents CORAM:- HON'BLE MR.JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MRS. JUSTICE RAJ RAHUL GARG Present: Ms. Palika Monga, Deputy Advocate General, Haryana for the appellants Mr. K.S. Dhanora, Advocate in LPA 740 of 2010 Mr. Vikas Kumar, Advocate for Mr. T.C. Dhanwal, Advocate for the respondents in LPA 930/2011 ..

S.J. VAZIFDAR, ACTING CHIEF JUSTICE (Oral):

These appeals were part of a reference to a Full Bench of this Court. The Full Bench decided the reference by an order and judgment dated 20.04.2012. The Full Bench held that the rules applicable on the date of death/incapacitation of an employee are applicable. The petition for special leave against the judgment of the Full Bench was dismissed by the Supreme Court. PARKASH CHAND 2015.02.27 18:23 I attest to the accuracy and authenticity of this document

LPA-740-2010, etc.

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Admittedly, in the above appeals, the persons concerned died before the rules of the year 2006 which came into effect on 01.08.2006.

3.

In view of the judgment of the Full Bench, the orders and judgments of the learned single Judge are set aside. The appellants shall extend the benefit, if any, to the respondents on the basis of the rules as they were in existence on the date of the death of persons concerned.

4.

The appeals are accordingly disposed of.

As we have disposed of the main appeals, the delay in filing the appeals is condoned.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE 27.02.2015 (RAJ RAHUL GARG) parkash* JUDGE PARKASH CHAND 2015.02.27 18:23 I attest to the accuracy and authenticity of this document