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High Court of Punjab and HaryanaLPA/213/2023dismissed

Board Of Directors Haryana Woman Development Corporation And ANR. v. Vijay Kumar (Since Deceased) Through His Lrs

2024-01-10Ms. Justice Ritu Bahri,Mr. Justice Aman Chaudhary1 pages

(214) 2023:PHHC: 002875-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-213-2023 (O&M) Date of decision:- 10.01.2024 Board of Directors Haryana Woman Development Corporation, Panchkula and another.

...Appellant(s)

Versus

Vijay Kumar (since deceased) through legal representative Santosh Verma and another.

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY Present: Mr. Deepak Balyan, Advocate, for the appellants.

Mr. R.K. Malik, Senior Advocate, with Mr. Varun Veer Chauhan, Advocate, for the respondents.

* * * * RITU BAHRI, A.C.J. (ORAL) This appeal is directed against the judgement and order dated 02.09.2022 passed by the learned Single Judge allowing the writ petition filed by the petitioner (respondent herein) since deceased and now being represented through his legal representatives.

We have heard learned counsel for the parties at length. The short point that arises for consideration in the present appeal is whether family members of a deceased employee, namely, Vijay Kumar have to be paid the arrears of salary on the post of Accounts Clerk or Accountant. perusal of the impugned judgement shows that Vijay Kumar was on probation and was working on the post of Accountant when he expired. He had not been confirmed. This fact has been rightly examined by the learned Single Judge to give a direction to the respondent-authorities to pay the family members of Vijay Kumar the salary on the post of Accountant with effect from 22.01.2014. Therefore, no ground is made out to interfere with the judgement of the learned Single Judge.

In the circumstances, the appeal stands dismissed. The respondent-authorities are directed to comply with the judgement and order dated 02.09.2022 passed by the learned Single Judge within a period of two weeks and inform this Court.

(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 10.01.2024 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2024.01.11 11:05 I attest to the accuracy and authenticity of this order/judgement