WRIT PETITION 1147 of 2013 on 12 December 2012

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

LPA No. 1147 of 2013 (O&M)Date of decision:January 29,2014

State of Haryana and ors.

..... Appellants

Versus

Jagdish Chand and others.... Respondents -- CORAM:HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE HARINDER SINGH SIDHU

Present:Mr. H.S. Hooda, Advocate General, Haryana with Mr. Aman Chaudhary, Addl. AG, Haryana Mr.Ravinder Malik (Ravi), Advocate -- JASBIR SINGH, J.(Oral)

CM No.3003-LPA of 2013

For the reasons mentioned in the application, delay of 142 daysin filing the appeal is condoned.

CM stands disposed of.

LPA No.1147 of 2013

State counsel states that he be allowed to withdraw the appealas the order passed in favour of the respondents is deemed to have becomeinfructuous in view of the Ordinance No.6 of 2013 'The Haryana-(Abolition of Distinction of Pay Scale between Technical and NonTechnical Posts) Ordinance, 2013' promulgated on 10.12.2013, copy ofwhich has been placed on record in connected matters. It is stated bycounsel for the respondents that liberty be granted to them to challenge theabove said Ordinance by filing writ petition and taking all the pleas which have been taken in this appeal and also the plea that the said Ordinance isnot applicable to them. No objection in this regard has been made byopposite counsel.

In this view of the matter, we allow the appellants to withdrawthis appeal. The order passed by learned Single Judge on 12.12.2012 shallhave no affect qua the parties. However, liberty is granted to therespondents to lay challenge to the said Ordinance by filing writ petitionand raising therein all pleas including those raised in this appeal and alsothe plea that the Ordinance is not applicable to the respondents.

(JASBIR SINGH )

JUDGE

29.01.2014dinesh

( HARINDER SINGH SIDHU )JUDGE