Chand Krishan v. State of Punjab and Ors.
Case brief
What is this about?
The Court observed the petitioner's death during arguments in a petition for salary release and disposed of the petition without granting further relief.
The Court observed the petitioner's death during arguments in a petition for salary release and disposed of the petition without granting further relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Writ Petition No. 12149 of 1993
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In the High Court of Punjab and Haryana at Chandigarh
Civil Writ Petition No. 12149 of 1993 Date of Decision: 03.4.2014.
Chand Krishan
.......Petitioner
Versus
State of Punjab and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Ms. J.J.Kaur, Advocate for the petitioner.
Ms. Sudeepti Sharma, DAG, Punjab.
Ms. Pallavi Pahwa, Advocate for Mr. Amit Aggarwal, Advocate for respondents No. 2 and 3.
SABINA, J.
Petitioner has filed this petition directing the respondents to release his pay in the grade of ` 2000-3500 with effect from 7.4.1993 when he took over the charge of Head Cashier. On 16.5.1994, following order was passed by this
Court:-
“Despite various opportunities granted, no reply has been filed on behalf of respondent-State. Learned counsel appearing for the other parties have drawn our attention towards Annexure R-2. In the interest of justice and on account of luke-warm attitude adopted by respondent No. 1, it is directed that pending decision of this petition, the petitioner shall be paid salary @ Rs. 2000-3500/-
Singh Gurpreet 2014.04.07 15:37 I attest to the accuracy and integrity of this document chandigarh
Civil Writ Petition No. 12149 of 1993
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w.e.f. 9.4.93 till this order is modified or vacated subject to the petitioner's furnishing an undertaking that in case the petition is decided against him, he shall refund the excess amount. This order shall remain subject to the result of the petition or otherwise modified earlier. ”
Apparently, as per the said order, petitioner must have been paid his salary in the scale of ` 2000-3500 as no grievance was made by the petitioner in this regard after passing of the order dated 16.5.1994. During the course of arguments, it has transpired that petitioner has since died. In these circumstances, no further interference by this Court is called for. However, in case any grievance survives to the legal representatives of the petitioner, they would be at liberty to seek their appropriate remedy as per law.
Petitions stands disposed of accordingly.
(SABINA) JUDGE
April 03, 2014 Gurpreet
Singh Gurpreet 2014.04.07 15:37 I attest to the accuracy and integrity of this document chandigarh
1 issue framed by the court
Whether the Court can grant relief in this writ petition following the death of the petitioner during the pendency of proceedings
Chand Krishan (legal representatives)
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court