Joginder Singh & ORS. v. State Of Haryana & ORS.

Shivani Gupta 2017.07.26 12:03 E.A. No. 1 of 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH E.A. No. 1 of 2013 in CWP No. 9428 of 2006 Date of decision: 24.07.2017 Joginder Singh and others ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Ms. Daljit Kaur, Advocate, for Ms. Alka Chatrath, Advocate, for the petitioners.

Ms. Shruti Jain, AAG, Haryana.

G.S.SANDHAWALIA, J. (Oral) The present application has been filed for execution of judgment dated 09.03.2010 (Annexure E-1) passed in CWP No. 9428 of 2006, Joginder Singh and others vs. State of Haryana and others. The order has been upheld in appeal in LPA No. 1641 of 2010, State of Haryana and others vs. Joginder Singh and others by common judgment dated 05.12.2012 (Annexure E-2).

In the application, notice was issued on 25.03.2013 since it was the case of the petitioners that in spite of the directions issued by the Division Bench, State had not taken action and even a legal notice dated 10.12.2012 (Annexure E-3) had been issued.

In the reply filed by the State, it has been mentioned that the appointment orders have been issued on 21.05.2013 (Annexures R-1 to R-7) and the petitioners have also been paid the salary which is detailed in

E.A. No. 1 of 2013 Annexures R-8 to R-14, payments which were deposited in October, 2013. Explanation has also been given as to why the salary could not be paid earlier and there was no deliberate attempt to delay the payment of salary by the respective Drawing and Disbursing Officers. Keeping in view the above, once the petitioners have been given the necessary appointment orders in pursuance of the orders of the Division Bench and have been paid the salary, the present execution application has been rendered infructuous and is disposed of as such. 24.07.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No