State Of Haryana vs Dalip Kumar
2024 Latest Caselaw 9740 P&H

Punjab-Haryana High Court

State Of Haryana vs Dalip Kumar on 6 May, 2024

Author: Suvir Sehgal

Bench: Suvir Sehgal

                                Neutral Citation No:=2024:PHHC:062532




RSA-1184-1993                                         -1-


      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                     CHANDIGARH

129                             RSA-1184-1993
                                Date of decision:06.05.2024


STATE OF HARYANA & ORS.                               ... APPELLANTS

                                        VS.

DALIP KUMAR & ANR.                                   ... RESPONDENTS


CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL


Present: Mr. Aman Bahri, Addl. A.G., Haryana.

          None for the respondents.

                    ***

SUVIR SEHGAL J. (ORAL)

1. Defendants-appellants are in second appeal before this Court

challenging the judgment and decree passed by the First Appellate Court.

2. Plaintiff-respondent No.1 filed a suit for mandatory injunction

claiming compassionate appointment on account of death of his father,

Ramji Lal, who was working as an Octroi Clerk with the Municipal

Committee, Narnaul and expired on 22.06.1989. Upon notice, suit was

contested by the defendants and after trial, was dismissed by judgment

and decree dated 18.05.1992. In first appeal filed by the plaintiff, learned

Additional District Judge, Narnaul, by judgment dated 14.01.1993,

reversed the judgment and decree passed by the Trial Court and the

following direction was given:-

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Neutral Citation No:=2024:PHHC:062532

RSA-1184-1993 -2-

"In view of my findings on the issues above, the appeal filed by Dalip Kumar succeeds and the judgment and the decree dated 18.5.1992 are set aside. The plaintiff-appellant shall be deemed to have been in service. However, I direct the respondents to consider the case of the plaintiff- appellant for the employment. The parties are left to bear their own costs. Consign the appeal records and the records of the trial court be sent back."

3. This has resulted in the institution of the appeal at the hands of

the official defendants.

4. Mr. Aman Bahri, learned Additional Advocate General,

Haryana, has placed on record a xerox copy of communication (in

vernacular) received from plaintiff-respondent No.1 and when translated,

it reads as under:-

"To The Executive Officer, Municipal Council, Narnaul.

                      Sub:-     For RSA No.1184-1993.
                      Sir,

It is submitted that I am Dalip Kumar. One of my cases i.e. RSA No.1184-1993 titled as "State of Haryana v/s Dalip Kumar" is under consideration in Punjab and Haryana, High Court, Chandigarh. In this connection, I want to clarify that I was working on 'Chungi' (Octroi) in Municipal Council, Narnaul. When the Government abolished the 'Chungi' (Octroi), I had been merged in Education Department. I am retired from the Education Department on 31.10.2021. Now, I do not

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Neutral Citation No:=2024:PHHC:062532

RSA-1184-1993 -3-

have any concern with the case bearing RSA No.1184 of 1993 pending in Punjab and Haryana, High Court, Chandigarh. Thus, the abovementioned case may be filed."

5. Upon further instructions, Mr. Bahri submits that

plaintiff/respondent No.1 was appointed on compassionate basis after the

impugned judgment was passed and has since retired from service. He

submits that nothing survives for consideration in the appeal.

6. In view of the above, appeal has become infructuous.

7. Dismissed as having been rendered infructuous. However,

liberty is granted to the appellants to seek revival of the appeal, in case,

any such occasion arises.

06.05.2024                                        (SUVIR SEHGAL)
sheetal                                               JUDGE

          Whether Speaking/Reasoned            Yes/No
          Whether Reportable                   Yes/No




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