The High Court dismissed the writ petition challenging termination, holding it infructuous due to subsequent resignation, while preserving remedy for unpaid dues.
Petition dismissed as infructuous; liberty given to raise grievance regarding payment of emoluments by filing writ petition.
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Rajan Kumar 2013.09.19 14:17 I am the author of this[2] document Chandigarh
CWP No.5056 of 1999(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.5056 of 1999(O&M) Date of Decision: 17.09.2013
Surjeet Singh and another
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE MAHESH GROVER
Present: Mr. Puneet Jindal, Advocate for the petitioners.
Mr. Sukhbir Singh, Advocate, for respondents No.2 and 3.
Mr. P.S. Thiara, Advocate, for respondent No.4.
MAHESH GROVER, J. (Oral)
The petitioner had questioned the order of his termination in the present writ petition, on the strength of which the interim orders were passed in his favour. He continued to serve the respondents till the year 2007 when he submitted his resignation and took up another assignment.
Since the challenge in this writ petition is only to the termination order, with the efflux of time and on account of the subsequent development, the instant petition has been rendered infructuous.
Learned counsel for the petitioner contends that the
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CWP No.5056 of 1999(O&M)
petitioner has not been paid the emoluments, which were due to a regular employee. This fact is seriously contested by the respondents, who have referred to certain documents to contend that the post was unaided and thus the respondents were not obliged to give the regular pay scales to the petitioner.
Be that as it may, without commenting on the merits of this aspect of the case, the instant petition is disposed of as having been rendered infructuous with liberty to the petitioner to raise his grievance regarding the payment of his emoluments by taking remedies that may be available to the petitioner including filing of the writ petition.
( MAHESH GROVER ) JUDGE
17th September, 2013 Rajan
1 issue framed by the court
Whether the writ challenging termination remains maintainable despite resignation and subsequent developments.
Surjeet Singh
State of Punjab
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
