Punjab-Haryana High Court
Surinder Singh vs State Of Haryana And Others on 5 September, 2023
Neutral Citation No:=2023:PHHC:116405
CM Nos.13986 & 13989 of 2023 in/and NC No. 2023:PHHC:116405
CWP No.3664 of 2021 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(104) CM Nos.13986 & 13989 of 2023 in/and
CWP No.3664 of 2021 (O&M)
Date of Decision : 05.09.2023
Surinder Singh
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Naveen Daryal, Advocate for the petitioner.
***
Harsimran Singh Sethi J. (Oral)
CM No.13989 of 2023
The present petition has been filed for preponing the hearing
of the main writ petition, which now stands adjourned to 17.01.2024.
Notice of the application to the respondents.
Mr. Pankaj Middha, Additional Advocate General, Haryana,
who is present in the Court accepts notice and raises no objection for the
grant of the prayer as made in the present application.
Keeping in view the joint prayer made by the counsel for the
parties, the hearing of the main writ petition is preponed from 17.01.2024
to today.
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Neutral Citation No:=2023:PHHC:116405
CM Nos.13986 & 13989 of 2023 in/and NC No. 2023:PHHC:116405
CM No.13986 of 2023
The present application has been filed for placing on record
Annexures A-13.
Application is allowed.
Document i.e. Annexure A-13 is taken on record.
CWP No.3664 of 2021
Learned counsel for the parties agree that the question of law
raised in the present petition has already been decided by a Coordinate
Bench of this Court in CWP No.9224 of 2017 titled as Nand Lal Vs.
State of Haryana and others, decided on 07.08.2018 and the decision of
the Coordinate Bench is in the favour of the petitioner that the petitioner
is entitled for the benefits.
Learned counsel for the petitioner further submits that even
LPA filed against the said judgment being LPA No.183 of 2021, titled as
State of Haryana Vs. Nand Lal, decided on 16.02.2021 has also been
dismissed.
Learned State counsel submits that SLP filed against the
same being SLP No.8653 of 2021 is pending before Hon'ble the
Supreme Court hence, it cannot be said that the judgment in Nand
Lal(supra), on which the reliance is being placed by the petitioner has
attained finality.
On being asked as to whether there is an interim order in the
Hon'ble Supreme Court, learned counsel for the respondents very fairly
submits that there is no interim order.
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Neutral Citation No:=2023:PHHC:116405
CM Nos.13986 & 13989 of 2023 in/and NC No. 2023:PHHC:116405
Once, the question of law settled in Nand Lal(supra) by
this Court is pending consideration in the Hon'ble Supreme Court, the
interest of the State needs to be protected.
Learned counsel for the petitioner has undertaken that in
case, the judgment in Nand Lal(supra) is modified or set aside by the
Hon'ble Supreme Court, the same judgment of the Hon'ble Supreme
Court can be made applicable upon the petitioner ipso facto.
Keeping in view the statement of the learned counsel for the
petitioner, the interest of the State stands protected hence, as the question
of law raised in the present petition is squarely covered by the decision in
Nand Lal(supra), the present petition is also disposed of in the same
terms subject to any order to be passed by the Hon'ble Supreme Court in
SLP No.8653 of 2021, which as per the undertaking of the learned
counsel for the petitioner will be ipso facto applicable in the case of the
petitioner.
September 05, 2023 (HARSIMRAN SINGH SETHI)
jt JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:116405
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