LPA No.1081 of 2010 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1081 of 2010 (O & M) Date of decision:30.08.2010 ASI Gurmesh Singh ..Appellant Versus State of Haryana and others. .. Respondents CORAM: HON'BLE MR. JUSTICE M.M.KUMAR. HON'BLE MS. JUSTICE RITU BAHRI. 1). To be referred to the Reporters or not ? 2). Whether the judgment should be reported in the Digest ? Present:- Mr.Sat Narain Yadav, Advocate, for the appellant. M.M.KUMAR, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 25.08.2010 passed by learned Single Judge of this Court in CWP No.10530 of 2010. The appellant is in appeal against the interlocutory order dated 01.04.2010 (Annexure P-2) vacating the stay order. He has filed the petition under Article 226 of the Constitution of India before this Court for quashing the order dated 01.04.2010 vide which he was retired from service on the expiry of period of 3 months after attaining the age of 55 years. Initially, the stay of the impugned order was granted, but while admitting the petition, the stay has been vacated. Having heard the learned counsel, we are of the considered view that no occasion for interference has been provided. In matters of premature retirement granting stay of the order of premature retirement would result into allowing the writ petition at the admission stage. Moreover, the balance of convenience is in favour of the respondent because if writ petition is allowed the maximum benefit flows to an LPA No.1081 of 2010 (O & M) ::2:: employee is that he becomes entitled to claim salary of the remaining period of service. However, if the stay is granted, then, it would be unnecessary burden on the public exchequer in the shape of payment of salary and it may result in imposing an unwanted employee on the state in case the writ petition is dismissed. Therefore, there is no merit in the appeal. As a sequel to the above discussion, the appeal fails and accordingly, the same is dismissed. (M.M.KUMAR) JUDGE (RITU BAHRI) JUDGE August 30, 2010 sukhpreet