Punjab-Haryana High Court
Gurmit Singh vs Punjab State Power Corporation ... on 26 April, 2023
RITTU
2023.04.29 13:37
215 2023:PHHC:059324
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA No.4351 of 2013 (O&M)
Date of Decision: 26.04.2023
Gurmit Singh
seees Appellant
versus
Punjab State Power Corporation Limited
eee Respondent
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Parveen Kumar Garg, Advocate
for the appellant.
Ms. Meena Bansal, Advocate
for the respondent.
36 2K 3K ok 3k
HARSIMRAN SINGH SETHI J. (QRAL)
CM-11748-C-2013
Allowed as prayed for.
CM-11749-C-2013
Prayer in this application is for condonation of delay of 37
days in refiling of the appeal.
For the reasons mentioned in the application, delay of 37 days
in refiling of the appeal is condoned.
Application stands disposed of.
CM-11750-C-2013
Prayer in this application is for placing on record Annexures
A-1 to A-3.
For the reasons mentioned in the application, the same is
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RITTU
2023.04.29 13:37
RSA No.4351 of 2013 (O&M) -2- 2023:PHHC:059324
allowed and Annexures A-1 to A-3 are ordered to be taken on record.
RSA-4351-2013
After arguing for some time, learned counsel for the appellant
submits that the only claim of the appellant-plaintiff is for the grant of
promotional increment on completion of 23 years of service, which benefit
though was granted by the trial Court vide the judgment and decree dated
15.05.2010 but has been set aside by the lower Appellate Court by the
judgment and decree dated 28.02.2013.
Learned counsel for the appellant submits that by keeping the
question of law open, the present appeal may kindly be disposed of as
having been not pressed with liberty to the appellant-plaintiff to file
appropriate representation keeping in view the law settled on the said
issue in LPA No.997 of 2016 and the respondent-Corporation be directed
to decide the said claim in a time bound manner.
Learned counsel for the respondent submits that the
Corporation has no objection to decide the said representation in case any
such representation is filed by the appellant-plaintiff and the same will be
decided within a period of eight weeks of the receipt of the same by
passing appropriate speaking order.
It may be noticed that as the parties are litigating since long,
in case the appellant-plaintiff is found entitled for any relief after the
decision on the said representation, the same be allowed in favour of the
appellant-plaintiff within a time frame of eight weeks after the passing of
the said speaking order. Even the claim of interest be also considered in
case the appellant-plaintiff is found entitled for the same.
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RITTU
2023.04.29 13:37
RSA No.4351 of 2013 (O&M) -3- 2023:PHHC:059324
Learned counsel for the appellant submits that the present
appeal may kindly be disposed of having not pressed any further by
keeping the question of law open.
Ordered accordingly.
(HARSIMRAN SINGH SETHI)
JUDGE
26.04.2023
rittu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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