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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/-

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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.