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GURMEET SINGH & ORS. versus SHRI K.R. LAKHANPAL & ORS.

High Court of Punjab and Haryana, Chandigarh

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Gurmeet Singh & Ors. v. Shri K.R. Lakhanpal & Ors. - COCP-260-2005 [2006] RD-P&H 8645 (16 October 2006)

COCP No.260 of 2005 -: 1 :-

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

COCP No.260 of 2005

Date of decision: October 17, 2006.

Gurmeet Singh & Ors.

...Petitioner(s)

v.

Shri K.R. Lakhanpal & Ors.

...Respondent(s)

Present: Shri S.C. Sibal, Sr. Advocate with Shri V.S. Rana, Advocate for the petitioner.

Shri Vivek Sharma, Advocate

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

Surya Kant, J. (Oral)

In deference to the order dated September 15, 2006, Shri Cheema, learned Sr. Dy. A.G., Punjab, has filed an additional affidavit of Tara Singh, Chief Engineer (Const.), S.Y.L. Canal Project, Irrigation Works, Punjab, which is taken on record. Along with the said affidavit, he has appended an office order dated October 5, 2006 (Annexure R-4) whereby the previous office order dated September 28, 2006 has been modified and the petitioners have now been made regular with effect from August 12, 2003, i.e., the date when their writ petition was allowed by this Court.

It is stated by Shri Cheema, on instructions from Shri Ashok Kumar, Research Officer, SYL, that since the petitioners were already COCP No.260 of 2005 -: 2 :-

getting regular pay scales as on August 12, 2003, no arrears are required to be paid to them.

In view of the fact that the services of the petitioners have since been regularised with effect from August 12, 2003, needless to say that they shall be treated to be members of regular cadre with effect from that date.

Consequently, in order to grant them the status of regular cadre strength and to determine their consequential seniority vis-a-vis the members of the cadre and have been further promoted, the petitioners', subject to their eligibility, shall also be considered for such promotion. Similarly, by virtue of the date of their regular appointment being August 12, 2003, their pay is required to be re-fixed and that exercise shall also be undertaken and the arrears of pay, if any, shall also be disbursed to them. The above said entire exercise shall be carried out by the respondents within a period of four months from today.

Disposed of.

Rule discharged.

October 17, 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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