Randhir Singh Malik vs State Of Hy
2024 Latest Caselaw 9099 P&H

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

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Neutral Citation No:=2024:PHHC:057819

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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