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JASVIR SINGH & ORS. versus SHRI VIJAY KAIN & ANR.

High Court of Punjab and Haryana, Chandigarh

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Jasvir Singh & Ors. v. Shri Vijay Kain & Anr. - COCP-479-2004 [2006] RD-P&H 8652 (16 October 2006)

COCP No.479 of 2004 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

COCP No.479 of 2004

Date of decision: October 16, 2006.

Jasvir Singh & Ors.

...Petitioner(s)

v.

Shri Vijay Kain & Anr.

...Respondent(s)

Present: Shri K.L. Arora, Advocate for the petitioners.

Shri G.S. Cheema, Sr. Dy. Advocate General, Punjab for the respondents.

Surya Kant, J. (Oral)

The petitioners filed CWP No.15701 of 1999 seeking a direction for regularisation of their services. The said writ petition was disposed of by this Court vide order dated 21.10.2003 in terms of the observations made by a Division Bench vide its order dated 15.5.2003 passed in CWP No.3294 of 2002 (Maninder Kaur & Ors. v. State of Punjab & Ors.). In the order dated 21.10.2003, it was further made clear that if the State of Punjab would file an SLP in the Hon'ble Supreme Court against the order dated 15.5.2003 passed in CWP No.3294 of 2002 and stay is granted in its favour, "then it will also be equally applicable to the petitioners".

It is not disputed that in Maninder Kaur's case, State of Punjab has filed SLP No.22044-22046 of 2003 and the Hon'ble Supreme Court vide its order dated 12.4.2004 has stayed the contempt proceedings arising COCP No.479 of 2004 -: 2 :-

therefrom.

In my view, the aforesaid interim order would ipso-facto apply to the present case also, more so when an express direction to this effect has been issued by this Court vide order dated 21.10.2003.

Consequently, and for the reasons afore-mentioned, this petition is disposed of with a liberty tot he petitioners to initiate appropriate action, if so required, after decision of the SLP preferred by the State of Punjab before the Hon'ble Supreme Court.

With liberty aforesaid, this petition is disposed of.

Rule discharged.

October 16, 2006. [ Surya Kant ]

kadyan Judge


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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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