State Of Haryana & ORS v. Kamaljit Yadav And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No.1219 of 2015 (O&M) Date of Decision: July 25, 2016 State of Haryana and others ......Appellants versus Kamaljit Yadav and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE DARSHAN SINGH.

*** Present: Mr.R.D.Sharma, Deputy Advocate General, Haryana, for the appellants.

Mr.Girish Agnihotri, Senior Advocate with Mr.Arvind Sethi, Advocate, for the respondents. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The instant letters patent appeal is preferred by the State of Haryana against the interlocutory order dated 29.05.2015 whereby learned Single Judge has directed the payment of salary and other allowances to the respondents during the period of summer vacations. The claim of the appellants is that the respondents have been engaged Guest Faculties on payment of honorarium per lecture. When this appeal came up for hearing on 20.08.2015, operation of the order passed by learned Single Judge was stayed. Since the main writ petition is now listed before the learned Single Judge for hearing on 21.11.2016, we dispose of this appeal without expressing any views on merits, with a request to learned Single Judge to

LPA No.1219 of 2015 (O&M) [2] decide the main case on the date fixed or at the earliest. Till then, the order dated 20.08.2015 passed by this Court shall continue to operate. However, if the respondents are found entitled to any relief for summer vacations, learned Single Judge shall be at liberty to grant the same. It is further clarified that the observations made by learned Single Judge in the interlocutory order under appeal shall have no bearing on the merits of the case at the time of final disposal. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE July 25, 2016 [DARSHAN SINGH] mohinder JUDGE

LPA No.1219 of 2015 (O&M) [3] CM Nos.2653 and 2654 of 2016 in LPA No.1219 of 2015 - - - State of Haryana and others vs. Kamaljit Yadav and others ---- Present :

Mr.R.D.Sharma, DAG, Haryana, for the appellants.

Mr.Girish Agnihotri, Senior Advocate, with Mr.Arvind Seth, Advocate, for the applicant-respondents.

* * * CM Nos.2653 of 2016.

The application is allowed as prayed for.

CM No.2654 of 2016 Notice to the Advocate General, Haryana.

On our asking, Mr.R.D.Sharma, Deputy Advocate General, Haryana, accepts notice on behalf of the appellants. With the consent of learned counsel for the parties, the main case is taken up on Board for final disposal. CM stands disposed of.

(SURYA KANT) JUDGE July 25, 2016 (DARSHAN SINGH) mohinder JUDGE