High Court of Punjab and Haryana, Chandigarh
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Swaran Gir v. A.S.Dogra & Anr - COCP-338-2005  RD-P&H 1445 (6 March 2006)
C.O.C.P. No.338 of 2005
Date of Decision: 16.3.2006
A.S.Dogra and another
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
PRESENT: Mr. R.S.Sharma, Advocate,
for the petitioner.
Mr. S.K.Bhanot, Sr.D.A.G.Punjab.
A Division Bench of this Court while disposing of C.W.P.No.
1904 of 2004 had issued direction to the respondents in terms of the earlier Division Bench Judgment of this Court in Maninder Kaur and others Vs.
State of Punjab and others, 2003(4) Recent Services Judgment 98. In the afore-mentioned judgment, the principle laid down is that an employee would be entitled to regularization irrespective of the fact that the vacant post was available or not.
In the concluding para, the Division Bench has observed that the petitioner herein shall also be bound by the ultimate decision of the Hon'ble Supreme Court in the S.L.P.
In reply to the notice to show cause , respondent No.1 has taken the stand that the Hon'ble Supreme Court has stayed the contempt proceedings arising out of the order in Mainder Kaur's case (supra).
In view of the observations of the Division Bench, the proceedings in the instant petition, can also not be continued and shall be deemed to be stayed.
Accordingly, no adjudication is possible in these circumstances.
Rule is discharged.
March 16, 2006. ( M.M. KUMAR)
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