C.W.P. No.1543 of 1986 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.W.P. No. 1543 of 1986 (O&M) Date of Decision: 11.03.2011 Ram Swarup ...Petitioner Versus The State of Haryana and another .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: None for the petitioner. Mr. Anjum Ahmed, Additional Advocate General, Haryana. ..... RAJESH BINDAL, J. Prayer in the present petition is for quashing of orders Annexures P-9 and P-12 and further for the issuance of writ of mandamus, directing the respondents to treat the personal pay of ` 80/- received by the petitioner as ‘emolument’ as defined in Service Rules and revise his pension from retirement gratuity accordingly. On February 26, 2003 this court passed the following order:- “Learned counsel representing the petitioner states that an identical petition involving the identical points and the similar relief, as has been asked for in the present petition, bearing CWP No.465 of 1983 was dismissed by learned Single Judge of this Court on 23.05.1989, against which Letters Patent Appeal bearing No.2090 of 1989 is pending. This is not disputed by learned counsel representing the State. List his matter for hearing after the decision of Letters Patent appeal aforesaid. Liberty to apply.” Letters Patent Appeal No.2090 of 1989 was dismissed in default by this court on September 25, 2001. It has not been pointed that the same was got restored. C.W.P. No.1543 of 1986 2 From a perusal of the order passed on February 26, 2003, it is evident that vide judgment of this court dated 23.05.1989, an identical claim made by the petitioner therein was decided against him. Meaning thereby, prima facie, there is no merit in the present appeal. However, still as the counsel for the petitioner was not present, the present petition is dismissed for non-prosecution. (RAJESH BINDAL) JUDGE 11.03.2011 sharmila