State Of Haryana And Another v. Robi Malik And Another

CM-3514-2016 in/and LPA-1721-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3514-2016 in/and LPA-1721-2016 (O&M) Date of Decision: November 22, 2016 State of Haryana and another .....Appellants

Versus

Robi Malik and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

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

Mr.R.K.Malik, Sr.Advocate with Mr.Bhupinder Malik, Advocate for the respondent.

........

SURYA KANT, J.

CM-3514-2016 For the reasons mentioned in the application, the same is allowed. Delay of 6 days in filing the appeal is condoned. CM stands disposed of.

LPA-1721-2016 This Letters Patent Appeal has been preferred by State of Haryana against an interlocutory order whereby learned Single Judge directed the appellant-authorities to recall the respondents to teach the subjects for which they were appointed on contract basis. One of the plea taken is that Meenu 2016.12.21 12:50 I attest to the accuracy and authenticity of this document chandigarh some teachers who were on deputation have been repatriated and adjusted

CM-3514-2016 in/and LPA-1721-2016 (O&M) -2against the vacant posts and thus, no post was available for adjustment of the respondents on contract basis. This contention, however, is refuted by learned counsel for the respondents on the basis of information taken under the Right to Information Act, 2005.

In view of the rival contentions, it appears that ad interim stay matter deserves to be decided by the learned Single Judge afresh keeping all the relevant facts in view. We, thus, set aside the order dated 27.07.2016 with a request to learned Single Judge to pass an appropriate order preferably on the date fixed, after taking into consideration all the facts and submissions of both sides.

( SURYA KANT ) JUDGE November 22, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2016.12.21 12:50 I attest to the accuracy and authenticity of this document chandigarh