IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 1783 of 2010 Date of Decision : March 09, 2011 Ved Parkash ....Appellant Versus State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present : Mr. Anurag Goyal, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. 1. The instant appeal is directed against the order dated 18.11.2009 passed by the learned Single Judge holding that the writ petition filed by the appellant is disposed of in terms of order passed in C.W.P. No. 2866 of 2009 decided on 20.10.2009. The learned Single Judge vide order dated 20.10.2009 has held that the appellant could file a civil suit for claiming benefit of annual increments and leave encashment etc. for the period when he was appointed on 89 days basis. The aforesaid order dated 20.10.2009 passed by the learned Single Judge in C.W.P. No. 2866 of 2009 was challenged before the Letters LPA No. 1783 of 2010 -2- Patent Bench in L.P.A. No. 49 of 2010. Vide order dated 17.9.2010, the Letters Patent Bench has held that there was no reason why the claim made by the appellant could not be adjudicated upon in a writ petition filed under Article 226 of the Constitution. The learned State counsel also had agreed for such a course of action. 2. Notice of motion. 3. Mr. Aman Chaudhary, Addl. Advocate General, Haryana, who is present in the Court accepts notice on behalf of the respondents. Adequate number of copies of paper-book have been handed over to him. 4. Mr. Chaudhary also does not raise any objection to the adjudication of the issue on merit by the learned Single Judge. Accordingly, we dispose of the appeal by setting aside order dated 18.11.2009 and remit the matter back to the learned Single Judge for consideration afresh on merit in accordance with law. 5. The appeal stands disposed of in the above terms. ( M.M.KUMAR ) JUDGE ( T.P.S. MANN ) March 09, 2011 JUDGE ajay-I