Punjab-Haryana High Court
Randhir Singh Malik vs State Of Hy on 29 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:057819
RSA-4384-1999 (O&M) 2024:PHHC:057819 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(206) RSA-4384-1999 (O&M)
Date of Decision : April 29, 2024
Randhir Singh Malik .. Appellant
Versus
State of Haryana and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. R.K. Malik, Senior Advocate, with
Mr. Kartikey Chaudhary, Advocate, for the appellant.
Ms. Vibha Tewari, Assistant Advocate General, Haryana.
HARSIMRAN SINGH SETHI J. (ORAL)
1. Learned senior counsel appearing on behalf of the appellant submits that the appellant has already died and though, the pay of the appellant was fixed as determined by the respondents themselves but the recovery of the excess amount was stayed hence, in case the respondents does not intend to recover the said excess payment already paid, the present appeal may kindly be disposed of having been not pressed any further.
2. Learned counsel for the respondents submits that as the appellant has already died and the recovery of the excess amount had been stayed, keeping in view the judgment of the Hon'ble Supreme Court of India in State of Punjab and others Vs. Rafiq Masih (White Washer) etc., 2015(1) S.C.T., 195, in case, any recovery is to be done from the appellant, the same will not be done but his pay will be fixed in accordance with his 1 of 2 ::: Downloaded on - 02-05-2024 00:23:14 ::: Neutral Citation No:=2024:PHHC:057819 RSA-4384-1999 (O&M) 2024:PHHC:057819 2 option rendered as he has opted for the revised pay scale from 01.10.1979 instead of 01.10.1980
3. Learned senior counsel for the appellant submits that keeping in view the statement of learned counsel for the respondents, the present appeal may kindly be disposed of having been not pressed any further.
4. Ordered accordingly.
5. Any civil miscellaneous application pending if any, also stands disposed of.
April 29, 2024 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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