IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 1613 of 2011 (O&M) Date of Decision: 05.09.2011 The Managing Director, Punjab State Civil Supplies Corporation, Sector 34, Chandigarh and another ........Appellants vs. Malkiat Singh and another .......Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Aman Chaudhary, Advocate for the appellants 1. To be referred to the Reporter or not ? 2. Whether the judgment should be reported in the Digest ? M.M. Kumar, J. The basis of the findings recorded by learned Single Judge to the effect that Darshan Singh was junior to the petitioner as Chawkidar is on the pleadings as per Para 5 of the writ petition and the corresponding para 5 of the written statement. The factum that the writ petitioner/respondent was junior to Darshan Singh has not been pleaded in the written statement. Naturally an evasive reply in law has to regarded as admission. However, a new case is being set up by placing on record seniority list dated 26.12.2005 (Annexure A- 1) to argue that Darshan Singh infact was senior and on that basis date of regularisation given to him could not be given to the writ petitioner/respondent . The additional document now placed L.P.A. No. 1613 of 2011 (O&M) 2 on record would necessarily require the appellant to avail the remedy of review rather than filing the instant appeal. Therefore, there is no merit in this appeal which, accordingly, is dismissed with liberty to the appellant to avail the remedy as aforesaid. (M.M. KUMAR) JUDGE (GURDEV SINGH) 05.09.2011 JUDGE reena