Civil Writ Petition No. 4859 of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Writ Petition No. 4859 of 2008
Date of Decision: 18.12.2008
Yashpal and Others
...Petitioners
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Ranjivan Singh, Advocate
for the petitioners.
Mr. Satish Bhanot, Senior Deputy Advocate
General, Punjab, for the respondents.
Kanwaljit Singh Ahluwalia, J. (Oral)
Yashpal and others have filed a writ petition in this Court
seeking quashing of notification dated 29.7.2003 (Annexure P2).
Civil Misc. No. 17980 of 2008 has been filed for seeking
exemption from filing of certified copy of Annexure A which is a decision
of Division Bench of this Court rendered in Gian Chand and others v.
State of Punjab and Others (Civil Writ Petition No. 15554 of 2007
decided on 21.7.2008).
Learned counsel for the petitioners/applicants and the
respondents are in agreement that the case of the petitioner is covered
by the ratio of the decision rendered by the Division Bench of this Court
in Gian Chand’s case (supra).
Civil Writ Petition No. 4859 of 2008 2
Learned counsel for the respondents state that the above said
decision of this Court in Gian Chand’s case (supra) is a subject matter
of Special Leave to Appeal (Civil) No. 25856 of 2008, in which notice has
been issued and it has been further ordered that contempt proceedings,
if any, shall stand stayed.
Learned counsel for the petitioners has stated that since the
case of the petitioners is covered by the Division Bench judgment of this
Court rendered in Gian Chand’s case (supra), which is under challenge
before Hon’ble the Apex Court, the petitioners are ready and willing to
furnish an undertaking to their employer that they shall be bound by the
decision of Special Leave to Appeal and they will not claim any benefit till
the decision of the Special Leave to Appeal. Therefore, in order to save
them from engaging a counsel in Hon’ble the Apex Court, the present
writ petition is allowed in the same terms as in Gian Chand’s case
(supra)
Learned counsel for the respondents has no objection to it.
The parties are in agreement that this will save both the sides
from engaging a counsel in Hon’ble the Apex Court. It is, therefore,
ordered that the present writ petition is allowed in same terms as in Gian
Chand’s case (supra) subject to the condition that the petitioners herein
shall furnish an undertaking to their employer that they shall remain
bound by the outcome of the decision of Hon’ble the Apex Court in
Special Leave to Appeal (Civil) No. 25856 of 2008 where the judgment
rendered in Gian Chand’s case (supra) has been challenged. The
undertaking shall also contain a specific averment that the petitioners
shall not claim any benefit till the decision of Special Leave to Appeal
Civil Writ Petition No. 4859 of 2008 3
(Civil) No. 25856 of 2008 and they will not initiate any contempt
proceedings.
(Kanwaljit Singh Ahluwalia)
Judge
December 18, 2008
“DK”