LPA No. 1656 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1656 of 2010 (O&M) Date of Decision: 7.12.2010 Dr. Madan Lal Lamba ..Appellant Versus The State of Haryana and others ..Respondents CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Raghuvinder Singh, Advocate for the appellant. 1. To be referred to the Reports or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. This is an appeal under Clause X of the Letters Patent against order dated 19.11.2010 passed by the learned Single Judge, whereby application of the appellant seeking stay of his retirement beyond the age of 58 years, has been dismissed. We have heard the learned counsel for the appellant and are of the opinion that the view taken by the learned Single Judge deserves to be approved as in dispute concerning the age of superannuation, no stay could be granted as has been rightly held by the learned Single Judge. Moreover, we are also fortified in our view by an order dated 27.7.2010 passed in Civil Misc. Application No. 9573 of 2010 in Civil Writ Petition No. 11938 of 2010 by a Division Bench of which one of us ( M.M.Kumar, J.) was a Member, wherein request of the petitioner for staying his retirement beyond the age of 58 years was not accepted as the balance of LPA No. 1656 of 2010 (O&M) 2 convenience was in favour of the respondent-State and especially keeping in view the fact that if the petitioner was allowed to continue in service beyond the age of superannuation and in case of dismissal of his petition, then respondent-State would not be in a position to recover the salary paid to the petitioner. In view of the foregoing position, we are of the view that appeal is without merit and the same is, accordingly, dismissed. ( M.M.KUMAR ) JUDGE 7.12.2010 ( RITU BAHRI ) sd JUDGE