State of Punjab &
Ors Vs. Sanghu Singh & Ors [2009] INSC 866 (30 April 2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 940 OF 2002 STATE OF PUNJAB & ORS.
.......APPELLANT(S) Versus
ORDER
1.
This
appeal is directed against the judgment dated 11.12.1996 of the Division Bench
of the High Court of Punjab & Haryana issuing directions to the appellant
in the following terms:- "In the above circumstances, we direct the
respondents to re-compute the pensionary benefits due to the petitioners after
reckoning the services rendered by them in the schools run by the Local Bodies
prior to 1.10.1957. Arrears of pension and gratuity as may be found due, should
be paid to the petitioners within six months from the date of receipt of copy
of this judgment. Writ petition is allowed in the above terms."
2.
The
State of Punjab, aggrieved by the aforesaid direction, has filed the present
appeal by special leave. At the time of issuing of notice in this case on
1.12.1997, this Court had directed that the notice going to the respondents
shall state that the matter will be disposed of at the SLP stage in the light
of the judgment of this Court in State of informed that this judgment has been
followed in a subsequent judgment of this Court
3.
The
respondents have been served but they have not put in any counter affidavit.
The case has also been called out several times today, but no counsel has
appeared to defend the case on their behalf.
4.
We
have gone through the impugned order and find that the case is covered in
favour of the State of Punjab by the aforesaid judgments.
5.
We,
accordingly, allow this appeal, set aside the impugned order of the High Court
and dismiss the writ petition. We, however, clarify that if the arrears as
calculated and the pensionary and other benefits have already been paid to the
respondents in the meanwhile, no recovery shall be effected from them. There
will be no order as to costs.
...........................J.
( HARJIT SINGH BEDI )
...........................J.
New
Delhi;
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