30 April 2009
Supreme Court
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STATE OF PUNJAB Vs SANGHU SINGH

Case number: C.A. No.-000940-000940 / 2002
Diary number: 18401 / 1997
Advocates: AJAY PAL Vs K. SARADA DEVI


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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 940 OF 2002

STATE OF PUNJAB & ORS. .......APPELLANT(S)  

Versus

SANGHU SINGH & ORS. .....RESPONDENT(S)

O R D E R

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  

.........2.

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Punjab  &  Ors. Vs.  Dev  Dutt  Kaushal  &  Ors.,  1995  Supp.(4)  SCC  748.   We  are  

informed that this judgment has been followed in a subsequent judgment of this Court  

in State of Punjab & Ors. Vs. Harnam Singh & Ors., (1997) 3 SCC 32.

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 )

New Delhi;    ...........................J. April 30, 2009.           ( B. SUDERSHAN REDDY )