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SHRI JAGJIT SINGH versus THE STATE OF PUNJAB & ORS.

High Court of Punjab and Haryana, Chandigarh

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Shri Jagjit Singh v. The State of Punjab & Ors. - CWP-9810-2006 [2006] RD-P&H 13091 (23 December 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 9810 of 2006

Date of Decision : 18.12.2006

Shri Jagjit Singh ... Petitioner

Versus

The State of Punjab and others. .. Respondents CORAM : HON'BLE MR. JUSTICE J.S. KHEHAR,
HON'BLE MR. JUSTICE S.D. ANAND.

Present : Mr. Surmukh Singh, Advocate,

for the petitioner.

Mr. B.S. Chahal, Assistant Advocate General, Punjab, for the respondents.

J.S. Khehar, J. (Oral)

Through the instant writ petition, the petitioner claims a number of unpaid emoluments. The orders passed by this Court, during the course of motion hearing, reveal that the respondents could not release the emoluments claimed by the petitioner on account of the fact that the service book of the petitioner was not available. Therefore, this Court directed the respondents to reconstruct the service book. On 18.09.2006, this Court was informed by the District Education Officer (Secondary), Bathinda, that the service book of the petitioner had been reconstructed. This Court after perusing the service book produced in Court by the respondents, adjourned the proceedings of the main case to 18.12.2006 (i.e. today), and directed that the respondents would pay all the remaining emoluments due to the petitioner in the meantime.

Mr. B.S. Chahal, Assistant Advocate General, Punjab, on instructions from Mr. Jagdish Prashad, Legal Assistant, office of the District CWP No. 9810 of 2006 2

Education Officer (Secondary), Bathinda, states that the claimed benefit could not be released to the petitioner, as the petitioner's service had not been regularized. It is submitted that the certificates depicting the educational qualifications acquired by the petitioner were only submitted by him in December 2006 and as such, his claim for regularization could only be considered after he submitted the aforestated certificates. It is also pointed out that having perused the certificates under reference, the services of the petitioner have been regularized with effect from 01.04.1977. Having completed the aforesaid exercise, learned counsel for the respondents states that the respondents shall release all the emoluments due to him, within two months from today.

Having examined the totality of the circumstances of the case, we are satisfied that the prayer sought by the respondents to allow them to pay the remaining emoluments to the petitioner, within two months is fully justified. Accordingly, the respondents are directed to pay all the emoluments due to the petitioner, within two months from today.

The instant writ petition is disposed of accordingly.

A copy of this order be given to the learned counsel for the respondents under the signatures of the Court Secretary attached to this Court.

( J.S. Khehar )

Judge

December 18, 2006 ( S.D. Anand )

vkd Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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