Full Judgment Text
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CASE NO.:
Appeal (civil) 1282 of 2008
PETITIONER:
Chief Administrator, H. Board, Haryana & Ors.
RESPONDENT:
Megh Raj
DATE OF JUDGMENT: 14/02/2008
BENCH:
Dr. ARIJIT PASAYAT,C.K. THAKKER & LOKESHWAR SINGH PANTA
JUDGMENT:
JUDGMENT
O R D E R
( Arising out of SLP(C) NO.7727 of 2007)
Delay condoned.
Leave granted.
Challenging an interim order passed by the Punjab and Haryana High Court in RSA
No. 3190 of 2004, this appeal has been filed. The suit of the respondent was dismissed
by the trial Court but the first appellate Court decreed it. The Second Appeal has
been filed by the present appellants.
By the impugned order, the learned Single Judge directed the stay of the direction f
or
payment of arrears of scale Rs.950-Rs.1050 granted by the learned Additional District
Judge. But from the date of judgment, i.e., from April, 2004, it was directed that the
respondent (wrongly stated as appellant) would be granted salary in the scale of Rs.
950-1500/-. The C.Ms. were disposed of. Operation of the order has been stayed by
this Court.
Learned counsel for the appellants submitted that reading of one of the lines in th
e
order, i.e.,"The question of arrears would be determined in this RSA" creates
confusion as to whether only that question has to be gone into. That does not appear
to be the tenure of the order. We request the High Court to dispose of the Second
Appeal as early as
..2/-
: 2 :
practicable. Till disposal of the Second Appeal, the interim order of stay passed by
this Court on 20th April, 2007 shall continue to be operative. We make it clear that
by making this direction, it shall not be construed that we have expressed any opinion
on the merits of the matter.
The appeal is, accordingly, disposed of.
No costs.