Citation : 2022 Latest Caselaw 6174 P&H
Judgement Date : 5 July, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(223) CWP-8711-2017
Date of Decision : July 05, 2022
Brij Lal .. Petitioner
Versus
State of Punjab and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Nitesh Singla, Advocate, for the petitioner.
Mr. Vikas Mohan Gupta, Addl. A.G., Punjab.
Mr. H.D.S. Bains, Advocate, for respondent No.4.
HARSIMRAN SINGH SETHI J. (ORAL)
Learned counsel for the parties agree that question of law raised
in the present petition is covered by the judgment passed by a Coordinate
Bench of this Court in CWP No.22422 of 2010 titled as Anil Kumar and
others versus State of Punjab and others, decided on 16.05.2012
(Annexure P-3), which judgment has already been upheld in LPA No.1729
of 2012 and has already attained finality.
Learned counsel for the petitioner submits that the petitioner
restricts his claim of arrears from the date of the filing of the present
petition and will not claim any arrears from a date earlier to the filing of the
present petition.
Learned counsel for the respondents does not dispute the fact
that the claim of the petitioner in the present petition is covered by the
judgment in Anil Kumar's case (supra).
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Keeping in view the above, the present writ petition is also
allowed in same terms with the modification that the arrears for which the
petitioner becomes entitled for, will only be released from the date of the
filing of the present petition.
Let this order be complied with within a period of two months
from the receipt of copy of this order.
July 05, 2022 (HARSIMRAN SINGH SETHI)
harsha JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
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