CM-1122-CWP-2025 in/& -1- CWP-16231-2022 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 CM-1122-CWP-2025 in/& CWP-16231-2022 Date of Decision :02.05.2025 Surinderjit Singh Jaspal @ S.S. Jaspal and others ...Petitioners Versus State of Punjab & others ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Sarbjit S. Khaira, Advocate for the petitioner. Ms. Samdisha Kaur, AAG, Punjab. * * * Harsimran Singh Sethi, J. (Oral) CM-1122-CWP-2025 1. Present application has been filed for recalling the order dated 28.11.2024 passed by this Court. 2. Notice of the application was issued to the respondents. 3. Learned counsel for the respondents raises no objection for the grant of prayer as made in the present application. 4. Keeping in view the averments made in the present application, which are duly supported by an affidavit, present application is allowed. Order dated 28.11.2024 passed by this Court is recalled and the main petition is taken up for hearing today itself. AARTI SHARMA 2025.05.05 10:34 I attest to the accuracy and integrity of this document CM-1122-CWP-2025 in/& -2- CWP-16231-2022 CWP-16231-2022 5. Learned counsel for the petitioners submits that the issue raised in the present petition has already been decided by the Coordinate Bench of this Court in the case of similarly situated employees being CWP-18198- 2016 titled as Baldev Singh Brar vs. State of Punjab decided on 20.01.2025 wherein the relief has been granted in favour of the petitioners therein hence, the present petition be also disposed of in terms of the said order. 2. Learned counsel for the respondent-State submits that though, the issue raised in the present petition has already been decided by the Coordinate Bench of this Court in Baldev Singh Brar’s case (supra) but the State has filed an LPA against the said judgment and though, the operation of the impugned judgment has not been stayed but the decision of the Division Bench in the LPA be awaited so as to avoid any contradictory order. 3. I have heard learned counsel for the parties and have gone through the record with their able assistance. 4. The factum that the issue raised in the present petition is covered by the decision in the case of Baldev Singh Brar (supra) is not contested and the only reasons given for not disposing of the present petition in terms of Baldev Singh Brar (supra) is that the LPA has been filed by the State, which is pending. 5. The equity can be placed by disposing of the present petition in terms of of the order passed in the case of Baldev Singh Brar (supra) with the condition that in case, in the LPA filed by the State, the said judgment is AARTI SHARMA 2025.05.05 10:34 I attest to the accuracy and integrity of this document CM-1122-CWP-2025 in/& -3- CWP-16231-2022 either set aside or modified in any manner, the same will be applicable upon the petitioners as it is. 6. Keeping in view the above, present petition is disposed of in terms of the order passed in the case of Baldev Singh Brar (supra) with the observation that in case, in the LPA, the said judgment is either set aside or modified in any manner, the same will also be applicable upon the petitioner without there being any appeal in the present petition. May 02, 2025 (HARSIMRAN SINGH SETHI) aarti JUDGE Whether speaking/reasoned : Yes Whether reportable : No AARTI SHARMA 2025.05.05 10:34 I attest to the accuracy and integrity of this document