LPA No. 544 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 544 of 2011 (O&M) Date of Decision: March 22, 2011 PRTC …Appellant Versus Jhanda Singh and others …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Balwinder Singh, 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 filed under Clause X of the Letters Patent is directed against judgment dated 27.08.2010. The learned Single Judge has noticed an undisputed position that the issue is covered by a Division Bench judgment of this Court rendered in the case of Gian Chand and others v. State of Punjab and others (CWP No. 15554 of 2007), wherein circular dated 29.07.2003 (P-7) has been quashed on 21.07.2008. Thereafter, the observations made by the Division Bench in Gian Chand's case (supra) have been reproduced and it is concluded that the matter is squarely covered by a Division Bench judgment. LPA No. 544 of 2011 (O&M) -2- 2. In view of the aforesaid situation, the learned Single Judge has allowed the writ petition subject to outcome pending consideration before Hon'ble the Supreme Court , wherein the contempt proceeding initiated by the writ petitioner-respondent have been stayed. The learned Single Judge has also granted the liberty to writ petitioners-respondents to seek implementation of the judgment subject to final decision by Hon'ble the Supreme Court, even if no separate appeal is filed against the writ petitioners- respondents. 3. In view of the above, we find no ground to interfere with the view taken by the learned Single Judge as the matter is squarely covered by a Division Bench judgment in Gian Chand's case (supra). 4. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) March 22, 2011 JUDGE Atul